Western District of Pennsylvania • 3:26-cv-00873

#1

May 12, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001035), filed by VICENTE CAAL CAAL. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Receipt, # 4 Envelope) (bjr) (Entered: 05/13/2026)

#2

May 12, 2026

MOTION for Temporary Restraining Order by VICENTE CAAL CAAL. (Attachments: # 1 Proposed Order, # 2 Envelope) (bjr) (Entered: 05/13/2026)

#3

May 12, 2026

MOTION to Expedite Habeas Corpus Petition by VICENTE CAAL CAAL. (Attachments: # 1 Envelope) (bjr) (Entered: 05/13/2026)

#4

May 12, 2026

MOTION for Immediate Release by VICENTE CAAL CAAL. (Attachments: # 1 Envelope) (bjr) (Entered: 05/13/2026)

#5

May 12, 2026

MOTION for Stay of Removal with Reentry Clause by VICENTE CAAL CAAL. (Attachments: # 1 Proposed Order, # 2 Envelope) (bjr) (Entered: 05/13/2026)

May 12, 2026

Judge Stephanie L. Haines added. (bjr)

#6

May 14, 2026

TEXT ORDER. Petitioner's 2 Motion for Temporary Restraining Order is DENIED. In his Motion, Petitioner seeks to enjoin Respondents from transferring him outside of the Western District of Pennsylvania. The Court lacks authority to enjoin transfer as the places of detention for aliens pending removal is left to the discretion of the Attorney General, 8 U.S.C. § 1231(g)(1), and Congress has "limited federal district courts' jurisdiction to review decisions or actions made pursuant to the sound discretion of DHS officials[.]" Jane v. Rodriguez, No. 20-CV-5922 (ES), 2020 WL 10140953, at *1 (D.N.J. May 22, 2020); see also Sinclair v. Attorney General of U.S., 198 F. Appx 218, 222 n.3 (3d Cir. 2006). Petitioner also seeks to enjoin Respondents from removing him from the United States including removal to a third county. This Court lacks authority to grant Petitioner's request to stay removal dependent upon on Petitioner's detention status. Congress has "limited federal district courts' jurisdiction to review decisions or actions made pursuant to the sound discretion of DHS officials[.]" Jane v. Rodriguez, No. CV 20-5922 (ES), 2020 WL 10140953, at *1 (D.N.J. May 22, 2020). 8 U.S.C. § 1252(a)(2)(B)(ii) provides that "no court shall have jurisdiction to review any decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security....". See also 8 U.S.C. § 1252(b)(9), 1252(g), and the recent Third Circuit decision in Khalil v. President, United States, No. 25-2162, 2026 WL 111933, at *1 (3d Cir. Jan. 15, 2026) ("Our conclusion about habeas jurisdiction requires us to answer a second question: Did the Immigration and Nationality Act (INA) strip the New Jersey District Court of subject matter jurisdiction? It did. Because the INA channels '[j]udicial review of all questions of law arising from any action taken or proceeding brought to remove an alien from the United States' into a single petition for review filed with a federal court of appeals, we hold that the District Court lacked jurisdiction over Khalil's removal proceedings 8 U.S.C. § 1252(b)(9)). See Calla-Collado v. Attorney General of U.S., 663 F.3d 680, 685 (3d Cir. 2011) ("Congress has vested the Department of Homeland Security ("DHS") with authority to enforce the nation's immigration laws.") Therefore, the Court denies Petitioner's Motion at ECF No. 3. For these same reasons Petitioner's 4 Motion for Immediate Release and Petitioner's 5 Motion for Stay of Removal are also DENIED. As to Petitioner's claims as to the conditions of his confinement, those claims are not properly brought in a Habeas Petition. Petitioner's 3 Motion to Expedite Habeas Corpus is hereby GRANTED and a Case Management Order will be docketed forthwith. Signed by Judge Stephanie L. Haines on 5/14/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cag) (Entered: 05/14/2026)

#7

May 14, 2026

Case Management Order

May 14, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion for TRO AND Order on Motion to Expedite AND Order on Motion to Stay