Western District of Pennsylvania • 3:26-cv-00940

#1

May 20, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001064), filed by NELSON ANTONIO AVALOS-ORELLANA. (Attachments: # 1 Appendix, # 2 Tab A, # 3 Tab B, # 4 Tab C, # 5 Tab D, # 6 Tab E, # 7 Tab F, # 8 Tab G, # 9 Tab H, # 10 Tab I, # 11 Tab J, # 12 Tab J Cont., # 13 Tab K, # 14 Receipt, # 15 Envelope) (ert) (Entered: 05/20/2026)

#2

May 20, 2026

MOTION for Temporary Restraining Order by NELSON ANTONIO AVALOS-ORELLANA. (Attachments: # 1 Proposed Order, # 2 Envelope) (ert) (Entered: 05/20/2026)

May 20, 2026

Judge Stephanie L. Haines added. (ert)

#3

May 21, 2026

TEXT ORDER: Petitioner's 2 Motion for Temporary Restraining Order is DENIED. Petitioner seeks to enjoin transfer outside of the Western District of Pennsylvania. This Court lacks authority to grant that relief 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). See also Sinclair v. Atty Gen., 198 F. Appx 222 n.3 (3d Cir. 2006). Additionally, Petitioner's request for immediate release goes beyond the "limited nature of a [T.R.O.]" and instead requests "mandatory, affirmative relief[,]" which may not be afforded via a T.R.O. Hope v. Warden York County Prison (Hope I), 956 F.3d 156, 162 (3d Cir. 2020) (finding that where the district court purported to enter an ex parte T.R.O. but directed the release of twenty petitioners, the relief altered the status quo, exceeding the temporary and limited nature of a [T.R.O.]) (citing Granny Goose Foods Inc. v. Brotherhood of Teamsters and Auto Truck Drivers Local, 415 U.S. 423, 439 (1974)). Signed by Judge Stephanie L. Haines on 5/21/2026. 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: 05/21/2026)

#4

May 21, 2026

CASE MANAGEMENT ORDER: The Court orders as follows: 1. Service. The Court hereby notifies Petitioner that copies of this order and the Petition were emailed by the Court to the United States Attorney's Office for the Western District of Pennsylvania this day. This email service is deemed sufficient to accomplish formal service of the Petition on Respondents. 2. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of this date. 3. Respondents' responses to the petition. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Responses are limited to 25 pages, double-spaced. 4. Petitioner's reply in support of the petition. Petitioner shall file any reply in support of the petition within 8 days of the filing of Respondents' response to the petition. The Reply is limited to 5 pages, double-spaced. Signed by Judge Stephanie L. Haines on 5/21/2026. (dlg) (Entered: 05/21/2026)

May 21, 2026

Order on Motion for TRO

#8

Aug 27, 2026

MEMORANDUM OPINION AND ORDER - For the reasons stated in the Memorandum Opinion, it is hereby ORDERED that: 1) The Petition for Writ of Habeas Corpus, ECF No. 1 , is GRANTED. 2) As relief for the constitutional violation identified above, Responden ts shall provide Petitioner with a new individualized bond hearing before an immigration judge. At that hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner's continued detention is necessar y because Petitioner poses a danger to the community or a risk of flight, or both. 3) The bond hearing shall include an individualized determination of whether continued detention remains justified. The immigration judge shall state the reasons for t he custody determination orally on the record or in writing. If bond is denied, the immigration judge shall identify the principal facts and evidence relied upon in determining that Petitioner poses a danger to the community, a flight risk, of both. Nothing in this Order requires the immigration judge to reach any particular custody determination. 4) The Government shall arrange for an individualized bond hearing to be conducted by an immigration judge by Friday, September 18, 2026. 5) If Petit ioner is not provided with a bond hearing by Friday, September 18, 2026, or if the immigration judge declines jurisdiction or denies eligibility for a bond hearing, Respondents shall immediately release Petitioner from custody. 6) If Petitioner is gr anted bond and the Government appeals the immigration judge's decision, then, upon notification to this Court, the writ shall issue and Petitioner shall be automatically released from custody. 7) With no further action required by the Court at this time, the Clerk of Court shall mark this matter closed, and as more fully stated in said Memorandum Opinion. Signed by Judge Stephanie L. Haines on 8/26/2026. (dlg)

#9

Aug 27, 2026

Judgment (Rule 58)