Western District of Pennsylvania • 3:26-cv-00893

BERDARDES RODRIGUES v. FIELD OFFICE DIRECTOR OF IMMIGRATION AND CUSTOM ENFORCEMENT

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Case Information

Filed: May 13, 2026
Assigned to: W. Scott Hardy
Referred to: Mark Raymond Hornak
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Active
Last Activity: May 22, 2026
Parties: View All Parties →

Docket Entries

#1
May 08, 2026
PETITION for Writ of Habeas Corpus, filed by FABIO BERDARDES RODRIGUES. (Attachments: # 1 Exhibit, # 2 Income Tax, # 3 Civil Cover Sheet)(mfr, ) (no filing fee/IFP) (Entered: 05/11/2026)
Main Document: PETITION
#2
May 08, 2026
MOTION for Temporary Restraining Order by FABIO BERDARDES RODRIGUES. (mfr) Modified on 5/11/2026 (mfr). (Entered: 05/11/2026)
Main Document: MOTION
#3
May 11, 2026
TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 5/11/2026. (mfr) (Entered: 05/11/2026)
#4
May 11, 2026
NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, FIELD OFFICE DIRECTOR OF IMMIGRATION AND CUSTOM ENFORCEMENT, TODD LYONS, MARKWAYNE MULLIN (KAPLAN, SARINA) (Entered: 05/11/2026)
Main Document: NOTICE
#5
May 11, 2026
Letter from U.S. Attorney's Office re Jurisdictional Argument re 1 Petition for Writ of Habeas Corpus. (KAPLAN, SARINA) (Entered: 05/11/2026)
Main Document: Letter
#6
May 11, 2026
Letter from U.S. Attorney's Office re Dismissal based on prior adjudication re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit WDPA Petition, # 2 Exhibit WDPA Docket, # 3 Exhibit WDPA Docket)(KAPLAN, SARINA) (Entered: 05/11/2026)
Main Document: Letter
#7
May 13, 2026
ORDER that the Clerk of Court shall TRANSFER this matter to the United States District Court for the Western District of Pennsylvania. The Clerk shall CLOSE this matter. Signed by Judge Karen M. Williams on 5/12/2026. (kht) (Entered: 05/13/2026)
Main Document: Order of Entry
#8
May 13, 2026
Case transferred in from District of New Jersey; Case Number 1:26-cv-05265. Original file certified copy of transfer order and docket sheet received. (Entered: 05/13/2026)
Main Document: Case
May 13, 2026
***Civil Case Terminated. (kht)
May 13, 2026
Judge Stephanie L. Haines added. (tla)
#9
May 14, 2026
ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge Joy Flowers Conti no longer assigned to case. Signed by Judge Joy Flowers Conti 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. (lyk) (Entered: 05/14/2026)
#10
May 14, 2026
ORDER. By 5/15/26 at 9:30 AM, counsel for the Government shall respond to 2 Motion for TRO. Signed by Judge Mark R. Hornak on 5/14/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 05/14/2026)
May 14, 2026
Judge Joy Flowers Conti added. (tla)
May 14, 2026
Judge W. Scott Hardy added. (bjr)
May 14, 2026
MOTION for Temporary Restraining Order 2 referred to Judge Mark R. Hornak. (sms)
May 14, 2026
Order Reassigning Case
May 14, 2026
Order
May 14, 2026
Judge Stephanie L. Haines no longer assigned to case. (tla)
#11
May 15, 2026
ORDER AMENDING ORDER AT 10 . The Order at 10 is amended to provide that any response to the Motion for Temporary Restraining Order is now due not later than 10:00 am, EDT, Tuesday May 19, 2026. Signed by Judge Mark R. Hornak on 05/15/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 05/15/2026)
#12
May 15, 2026
NOTICE of Appearance by Nicole A. Stockey on behalf of TODD BLANCHE, ALISON BRILL, FIELD OFFICE DIRECTOR OF IMMIGRATION AND CUSTOM ENFORCEMENT, TODD LYONS, Markwayne Mullin. (Stockey, Nicole) (Entered: 05/15/2026)
Main Document: NOTICE
#13
May 15, 2026
NOTICE of Substitution of Attorney Appearance by Nicole A. Stockey on behalf of TODD BLANCHE, ALISON BRILL, FIELD OFFICE DIRECTOR OF IMMIGRATION AND CUSTOM ENFORCEMENT, TODD LYONS, Markwayne Mullin. Attorney JOHN FRANCIS BASIAK and SARINA KAPLAN terminated. (Stockey, Nicole) (Entered: 05/15/2026)
Main Document: NOTICE
May 15, 2026
Order
#15
May 18, 2026
Order
Main Document: Order
#16
May 18, 2026
RESPONSE to Motion re 2 filed by TODD BLANCHE, FIELD OFFICE DIRECTOR OF IMMIGRATION AND CUSTOM ENFORCEMENT, TODD LYONS, Markwayne Mullin. (Attachments: # 1 Exhibit) (Stockey, Nicole) (Entered: 05/18/2026)
Main Document: RESPONSE
#17
May 19, 2026
ORDER TERMINATING REFERRAL. The referral of Judge Mark R. Hornak in this matter is hereby TERMINATED. Judge W. Scott Hardy shall remain assigned as the presiding Judge. Signed by Judge Mark R. Hornak on 5/19/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 05/19/2026)
May 19, 2026
Order
May 19, 2026
Judge Mark R. Hornak no longer assigned to case. (bdb)
#18
May 20, 2026
ORDER indicating that Petitioner shall file a reply to 16 Response to Motion for Temporary Restraining Order by Noon on 5/22/2026 indicating why the Temporary Restraining Order should not be denied for lack of jurisdiction to effectuate the relief requested. Signed by Judge W. Scott Hardy on 5/20/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas) (Entered: 05/20/2026)
#19
May 20, 2026
Case Management Order
Main Document: Case Management Order
May 20, 2026
Order
#20
May 22, 2026
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply
#21
May 22, 2026
ORDER granting 20 Petitioner's Motion for Extension of Time to Reply to Response to Motion for Temporary Restraining Order. Petitioner shall now file his Reply to the Government's Response to Motion for Temporary Restraining Order by 5/22/2026 at 2:00 p.m. Signed by Judge W. Scott Hardy on 5/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas) (Entered: 05/22/2026)
#22
May 22, 2026
REPLY to Response to Motion re 16 Response to Motion for Temporary Restraining Order filed by FABIO BERNARDES RODRIGUES. (Attachments: # 1 Certificate of Service) (Lipson, Andrew) (Entered: 05/22/2026)
Main Document: REPLY
#23
May 22, 2026
ORDER denying 2 Motion for TRO. The Court lacks the authority to enjoin Petitioner's transfer. The place of an alien's detention is left to the discretion of the Attorney General and district courts lack jurisdiction to enjoin or direct a detainee's transfer. See 8 U.S.C. § 1231 and 8 U.S.C. § 1252(a)(2)(B)(ii); see also Calla-Collado v. Attorney General of the US, 663 F.3d 680, 685 (3d Cir. 2011) (holding that the United States Department of Homeland Security (HHS) and Immigration and Customs Enforcement (ICE) have the authority to determine the location of detention of an alien in deportation proceedings and thus have the authority to transfer an alien from one detention center to another pursuant to 8 U.S.C. § 1231(g)(1); also holding that detainee does not have the right to be detained where he believes his ability to obtain representation and present evidence would be most effective); Sinclair v. Atty Gen. of the United States, 198 F. Appx. 218, 222 n. 3 (3d Cir. 2006). The Court, therefore, denies the Motion for TRO. Signed by Judge W. Scott Hardy on 5/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas) (Entered: 05/22/2026)
May 22, 2026
Order on Motion for Extension of Time to File Response/Reply
May 22, 2026
Order on Motion for TRO