U.S. Court of Appeals for the 3rd Circuit • 26-02345

#1

Jun 01, 2026

CIVIL CASE DOCKETED. Notice filed by Appellant Jose Richardo Monge Aviles in District Court No. 3:26-cv-00301.--[Edited 07/01/2026 by JK] (AMR) [Entered: 06/01/2026 11:01 AM]

#2

Jun 01, 2026

RECORD available on District Court CM/ECF. (AMR) [Entered: 06/01/2026 11:11 AM]

#3

Jun 01, 2026

NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 06/01/2026 11:11 AM]

#4

Jun 01, 2026

ECF FILER: ENTRY OF APPEARANCE from Stephanie Gibbs on behalf of Petitioner(s) Jose Monge Aviles. [26-2345] (SEG) [Entered: 06/01/2026 12:16 PM]

#5

Jun 01, 2026

ECF FILER: ENTRY OF APPEARANCE from AUSA Patrick J. Bannon on behalf of Appellee(s) SECRETARY U.S. DEPARTMENT OF HOMELAND SECURITY; ACTING DIRECTOR U.S. IMMIGRATION & CUSTOMS ENFORCEMENT; DIRECTOR U.S. IMMIGRATION & CUSTOMS ENFORCEMENT PHILADELPHIA FIELD OFFICE; ATTORNEY GENERAL UNITED STATES OF AMERICA; WARDEN LEWISBURG USP. [26-2345] (PJB) [Entered: 06/01/2026 01:49 PM]

#6

Jun 01, 2026

ECF FILER: ENTRY OF APPEARANCE from Laura S. Irwin on behalf of Appellee(s) Acting Field Office Director Philadelphia Immigration and Customs Enforcement, Attorney General United States of America, Facility Administrator Moshannon Valley Processing Center Secretary U.S. Department of Homeland Security. [26-2345] (LSI) [Entered: 06/01/2026 02:27 PM]

#7

Jun 05, 2026

ECF FILER: Motion filed by Appellant Jose Richardo Monge Aviles to stay removal. Certificate of Service dated 06/05/2026. Service made by ECF. [26-2345] (SEG) [Entered: 06/05/2026 12:33 PM]

#8

Jun 29, 2026

FOLLOW UP LETTER to Attorney Stephanie E. Gibbs, Esq. for Appellant Jose Richardo Monge Aviles requesting the following document(s): Information Statement on or before 07/13/2026. Transcript Purchase Order on or before 07/13/2026. (JK) [Entered: 06/29/2026 11:05 AM]

#9

Jun 30, 2026

ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Jose Richardo Monge Aviles advising this court that no transcripts are available. [26-2345] (SEG) [Entered: 06/30/2026 08:14 PM]

#10

Jun 30, 2026

ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Jose Richardo Monge Aviles. [26-2345] (SEG) [Entered: 06/30/2026 08:16 PM]

#11

Jul 01, 2026

BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Jose Richardo Monge Aviles due on or before 08/10/2026. Appendix due on or before 08/10/2026. (JK) [Entered: 07/01/2026 04:39 PM]

#12

Jul 01, 2026

NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (JK) [Entered: 07/01/2026 04:46 PM]

#13

Jul 16, 2026

ECF FILER: Notice filed by Attorney Laura S. Irwin, Esq. for Appellees Acting Director U.S. Immigration & Customs Enforcement, Attorney General United States of America, Director U.S. Immigration & Customs Enforcement Philadelphia Field Office, Secretary U.S. Department of Homeland Security and Warden Lewisburg USP to withdraw as counsel. Certificate of Service dated 07/16/2026. Service made by ECF. [26-2345]--[Edited 07/17/2026 by JK] (LSI) [Entered: 07/16/2026 03:54 PM]

#14

Jul 17, 2026

ORDER (SHWARTZ and FREEMAN, Circuit Judges) directing parties to file supplemental letter-briefs addressing the authority question in this Order. The parties' submissions must also address the issue of whether Aviles named the proper respondents in his habeas petition. See Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004) ("[L]ongstanding practice confirms that in habeas challenges to present physical confinement-'core challenges'-the default rule is that the proper respondent is the warden of the facility where the prisoner is being held, not the Attorney General or some other remote supervisory official."); id. at 438 ("[A] habeas petitioner who challenges a form of 'custody' other than present physical confinement may name as respondent the entity or person who exercises legal control with respect to the challenged 'custody.'). The supplemental letter-briefs are due within twenty-one (21) days of the date of this order, and must be no longer than ten (10) single-spaced pages in length. Aviles's transfer from his current detention facility is temporarily proscribed until such time as the Court is able to rule on the pending "stay" motion, following receipt of the parties' supplemental letter-briefs. In providing such temporary administrative relief, we considered whether Aviles satisfied the four-factor test for a stay or injunctive relief, see Nken, 556 U.S. at 434; Osorio-Martinez v. Att'y Gen., 893 F.3d 153, 178 (3d Cir. 2018), and have made a preliminary determination that he sufficiently carried his burden at this stage. Panel No. ALD-161. FREEMAN, Authoring Judge. (JK) [Entered: 07/17/2026 02:11 PM]

#15

Aug 05, 2026

ECF FILER: JOINT Motion filed by Appellees Acting Director U.S. Immigration & Customs Enforcement, Attorney General United States of America, Director U.S. Immigration & Customs Enforcement Philadelphia Field Office, Secretary U.S. Department of Homeland Security and Warden Lewisburg USP for Extension of Time to file Supplemental Letter Brief and Opening Brief until/for 08/21/2026. Certificate of Service dated 08/05/2026. Service made by ECF. [26-2345] (PJB) [Entered: 08/05/2026 03:26 PM]

#16

Aug 11, 2026

ORDER (Clerk) granting Appellant’s and Appellees’ Joint Motion for Extension of Time to File Supplemental Letter-Briefs, and Appellant’s Unopposed Motion for Extension of Time to File Opening Brief . The foregoing motions are granted. The supplemental letter-briefs must be filed on or before August 21, 2026. Appellant’s opening merits brief must be filed on or before September 8, 2026 (ZM) [Entered: 08/11/2026 04:08 PM]

#17

Aug 20, 2026

ECF FILER: JOINT Motion filed by Appellees Acting Director U.S. Immigration & Customs Enforcement, Attorney General United States of America, Director U.S. Immigration & Customs Enforcement Philadelphia Field Office, Secretary U.S. Department of Homeland Security and Warden Lewisburg USP for Extension of Time to file Supplemental Letter Brief and Opening Brief until/for 09/14/2026. Certificate of Service dated 08/20/2026. Service made by ECF. [26-2345] (PJB) [Entered: 08/20/2026 12:42 PM]

#18

Aug 21, 2026

ORDER (Clerk) granting motion for extension of time filed by Appellees Warden Lewisburg USP, Secretary U.S. Department of Homeland Security, Attorney General United States of America, Director U.S. Immigration & Customs Enforcement Philadelphia Field Office and Acting Director U.S. Immigration & Customs Enforcement. The supplemental letter-briefs must be filed on or before August 28, 2026. Appellant’s opening merits brief must be filed on or before September 14, 2026. (SH) [Entered: 08/21/2026 12:21 PM]

#19

Aug 28, 2026

ECF FILER: JOINT Motion filed by Appellant Jose Richardo Monge Aviles for Extension of Time to file Supplemental Letter Briefs until/for 7 days or 09/04/2026. Certificate of Service dated 08/28/2026. Service made by ECF. [26-2345] (SEG) [Entered: 08/28/2026 12:26 PM]

#20

Aug 28, 2026

ORDER (Clerk) The foregoing motions are granted. The supplemental letter-briefs must be filed on or before September 4, 2026. Appellant’s opening merits brief must be filed on or before September 21, 2026. (ZM) [Entered: 08/28/2026 03:04 PM]

#21

Sep 04, 2026

ECF FILER: ELECTRONIC SUPPLEMENTAL LETTER BRIEF on behalf of Appellees Acting Director U.S. Immigration & Customs Enforcement, Attorney General United States of America, Director U.S. Immigration & Customs Enforcement Philadelphia Field Office, Secretary U.S. Department of Homeland Security and Warden Lewisburg USP. Certificate of Service dated 09/04/2026 by ECF. [26-2345]--[Edited 09/09/2026 by MS] (PJB) [Entered: 09/04/2026 04:36 PM]

#22

Sep 04, 2026

ECF FILER: ELECTRONIC SUPPLEMENTAL LETTER BRIEF on behalf of Appellant Jose Richardo Monge Aviles. Certificate of Service dated 09/04/2026 by ECF. --[Edited 09/08/2026 by EAF - Text edited] [26-2345] (SEG) [Entered: 09/04/2026 05:18 PM]

#23

Sep 08, 2026

TEXT ORDER (Clerk) directing Attorney Stephanie E. Gibbs, Esq. for Appellant Jose Richardo Monge Aviles to file a motion for leave to file supplemental letter brief out of time for the Supplemental Letter Brief filed on 9/4/26. NOTE: Filed after 5:00 p.m. Due on or before 09/11/2026.This Order does not change the deadline for filing the next brief. (EAF) [Entered: 09/08/2026 03:59 PM]

#24

Sep 11, 2026

ECF FILER: UNOPPOSED Motion filed by Appellant Jose Richardo Monge Aviles to file Petitioner-Appellant's Supplemental Brief (Dkt. No. 22) out of time. Certificate of Service dated 09/11/2026. Service made by ECF. [26-2345] (SEG) [Entered: 09/11/2026 03:06 PM]

#25

Sep 11, 2026

COMPLIANCE RECEIVED. Motion to file supplemental letter brief out of time received from Appellant Jose Richardo Monge Aviles. (EAF) [Entered: 09/11/2026 03:33 PM]

#26

Sep 14, 2026

TEXT ORDER (Clerk) granting Consent Motion for Leave to File Supplemental Letter Brief Out of Time filed by Appellant Jose Richardo Monge Aviles with filing as of September 4, 2026. (DW) [Entered: 09/14/2026 12:29 PM]

#27

Sep 17, 2026

ECF FILER: Motion filed by Appellant Jose Richardo Monge Aviles for Extension of Time to file Opening Brief until/for October 5, 2026.. Certificate of Service dated 09/17/2026. Service made by ECF. [26-2345] (SEG) [Entered: 09/17/2026 03:52 PM]

#28

Sep 17, 2026

TEXT ORDER (Clerk) granting Consent Motion for Extension of Time to File Brief and Appendix filed by Appellant Jose Richardo Monge Aviles. Appellant's brief and appendix must be filed and served on or before October 5, 2026. (DW) [Entered: 09/17/2026 05:49 PM]

#29

Sep 24, 2026

ORDER (Clerk) The U.S. Court of Appeals for the First Circuit recently issued its decision in D.V.D. v. DHS, C.A. No. 26-1212, --- F.4th ---, 2026 WL 2797801 (1st Cir. Sept. 18, 2026). The Government represents that Appellant is a member of the certified class in D.V.D. See 3d Cir. Doc. 21 at 3. The Court requests that the parties submit supplemental letter-briefs explaining the impact of D.V.D. on Appellant’s motion to stay removal and whether any part of this appeal is moot. See generally Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698–99 (3d Cir. 1996) (“If developments occur during the course of adjudication that . . . prevent a court from being able to grant the requested relief, the case must be dismissed as moot.”). Accordingly, the parties are directed to file supplemental letter-briefs addressing whether Appellant’s motion to stay removal or any other part of this appeal is now moot. The supplemental letter-briefs shall be filed no more than seven (7) days after the date of this order and must be no longer than 750 words. No extensions of the deadline will be granted. (ZM) [Entered: 09/24/2026 02:36 PM]