Western District of Pennsylvania • 3:26-cv-00940
AVALOS-ORELLANA v. MULLIN
Active
Case Information
Filed: May 20, 2026
Assigned to:
Stephanie Lou Haines
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Active
Last Activity:
May 21, 2026
Parties:
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Docket Entries
#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)
Main Document:
ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
#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)
Main Document:
Temporary Restraining Order
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)
Main Document:
Case Management Order
May 21, 2026
Order on Motion for TRO
Parties
AVALOS-ORELLANA
Party
MULLIN
Party