Western District of Pennsylvania • 3:26-cv-00872

#1

May 11, 2026

PETITION for Writ of Habeas Corpus RELIEF ON CONSTITUTIONAL AND OTHER GROUNDS (Filing fee, including Administrative fee, $5, receipt number APAWDC-9567936), filed by DIANSY FLORES RODRIGUEZ. (Attachments: # 1 Civil Cover Sheet, # 2 EXHIBIT A - C) (Angeles, Luis) (Entered: 05/11/2026)

#2

May 11, 2026

MOTION for Temporary Restraining Order RE: Petition for Writ of Habeas Corpus, Doc 1 by DIANSY FLORES RODRIGUEZ. (Attachments: # 1 PROPOSED ORDER) (Angeles, Luis) (Entered: 05/11/2026)

#3

May 11, 2026

MOTION for attorney Luis Angeles to Appear Pro Hac Vice, RE: Petition for Writ of Habeas Corpus, Doc 1 (Filing fee $70, Receipt # APAWDC-9568019) by DIANSY FLORES RODRIGUEZ. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order) (Angeles, Luis) (Entered: 05/11/2026)

#4

May 12, 2026

ORDER DENYING 2 Petitioner's Motion for Temporary Restraining Order for the following reasons. First, the Court lacks jurisdiction to grant Petitioner's request that it enjoin Respondents from transferring him outside the jurisdiction of this Court while this matter is pending. Congress has vested the Secretary of Homeland Security and his/her delegates, such as U.S. Immigration and Customs Enforcement (ICE) with the authority to detain aliens pending a decision on their removal proceedings. 8 U.S.C. §§ 1231(a)(2), 1226(a), (c)(1). And Congress has vested the Department of Homeland Security (DHS) with the discretion to set the place of detention. 8 U.S.C. § 1231(g)(1); Sinclair v. Att'y Gen., 198 F. App'x 218, 222 n.3 (3d Cir. 2006) (collecting cases). Within DHS' discretion is the authority to transfer aliens from one detention center to another. Calla-Collado v. Att'y Gen., 663 F.3d 680, 685 (3d Cir. 2011). Reading § 1231(g)(1) together with Congress's limitations in 8 U.S.C. § 1252(a)(2)(B)(ii) on federal district courts' jurisdiction to review discretionary actions by DHS, federal district courts have concluded that they lack jurisdiction to review DHS' decisions under § 1231. See, e.g., Jane v. Rodriguez, No. 20-5922, 2020 WL 10140953, *1-2 (D.N.J. May 22, 2020) (citing cases). Nor does the All Writs Act, 28 U.S.C. § 1651, provide the Court with jurisdiction to enjoin transfer. Barrios v. Att'y Gen., 452 F. App'x 196, 198 (3d Cir. 2011) (jurisdiction-stripping provision in section § 1252(g) of INA, which is identical to jurisdiction-stripping language of §1252(a)(2)(B)(ii), is not superseded by All Writs Act). Second, with respect to Petitioners request that the Court direct Respondents to provide him with a constitutionally adequate bond hearing before a neutral Judge within three days, at which the government bears the burden of proving, by clear and convincing evidence, that continued detention is necessary, Petitioner's request seeks the same substantive relief sought by his Petition. It is affirmative relief, rather than the maintenance of the status quo. A TRO is not an appropriate avenue for this type of relief. Rather, the Court will give prompt consideration to the merits of Petitioner's 1 habeas petition upon the expedited case management schedule that will issue forthwith.ORDER denying 2 Motion for TRO. Signed by Judge Arthur J. Schwab on 5-12-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 05/12/2026)

#5

May 12, 2026

TEXT ORDER granting 3 Motion for Luis Angeles to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 5/12/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar) (Entered: 05/12/2026)

#6

May 12, 2026

Case Management Order

May 12, 2026

Judge Arthur J. Schwab added. (dmh)

May 12, 2026

Order on Motion for TRO

May 12, 2026

Order on Motion to Appear Pro Hac Vice

#10

May 21, 2026

ORDER re 1 Petition for Writ of Habeas Corpus, filed by DIANSY FLORES RODRIGUEZ. ORDER. For the reasons stated in Rivera Juarez v. Oddo et al., 3:26-cv-718 (W.D. Pa) (Schwab, J.) (Doc. 10), the Court GRANTS the 1 PETITION FOR WRIT OF HABEAS CORPUS filed by PETITIONER DIANSY FLORES RODRIGUEZ, and ISSUES the writ on these terms: (1) Respondents shall cause Petitioner to be taken to a neutral immigration judge of the Executive Office of Immigration Review for an individualized bond hearing to occur within 30 days of this order, or else release Petitioner by such date; (2) Respondents shall ensure that such a hearing include the required due process, i.e., at a minimum, factfinding based on a record produced before the decisionmaker and disclosed to Petitioner; an opportunity to make arguments on the Petitioner's behalf; and the right to an individualized determination of Petitioner's interests. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022); and (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. The Court trusts the immigration judge to comply with this Order and ensure that Petitioner is provided due process, and therefore the immigration judge shall explain his or her individualized determination on the record. See Kamara v. Atty Gen. of U.S., 420 F.3d 202, 212 (3d Cir. 2005). The Court further finds that Respondents' position was substantially justified in this case, so no costs or fees shall be awarded pursuant to EAJA. Signed by Judge Arthur J. Schwab on 5-21-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 05/21/2026)

#11

May 21, 2026

Judgment (Rule 58)

May 21, 2026

Order