Western District of Pennsylvania • 3:26-cv-01022

#1

Jun 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001075), filed by Bartolo Enrique GAMEZ LOPEZ. (Attachments: # 1 Receipt, # 2 Envelope) (rjr) (Entered: 06/02/2026)

#2

Jun 02, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus filed by Bartolo Enrique GAMEZ LOPEZ. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Envelope) (rjr) (Entered: 06/02/2026)

#3

Jun 02, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Bartolo Enrique GAMEZ LOPEZ. (Attachments: # 1 Envelope) (rjr) (Entered: 06/02/2026)

#4

Jun 02, 2026

MOTION to Appoint Counsel by Bartolo Enrique GAMEZ LOPEZ. (Attachments: # 1 Envelope) (rjr) (Entered: 06/02/2026)

Jun 02, 2026

Judge Stephanie L. Haines added. (rjr)

#5

Jun 03, 2026

ORDER: Petitioner's 3 Motion for Temporary Restraining Order/ Motion for Preliminary Injunction is DENIED. 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)). Petitioner also seeks to enjoin transfer to another facility or removal from the United States. 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). 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)(1)(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...." And, in 8 U.S.C. § 1231(g)(1), Congress clearly set forth that: "[t]he Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal." In this way, § 1231(g)(1) establishes that:[T]he place of detention is left to the discretion of the Attorney General. See 8 U.S.C. § 1231(g)(1) ("The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal."); GandarillasZambrana v. BIA, 44 F.3d 1251, 1256 (4th Cir.1995) ("The INS necessarily has the authority to determine the location of detention of an alien in deportation proceedings... and therefore, to transfer aliens from one detention center to another."); RiosBerrios v. INS, 776 F.2d 859, 863 (9th Cir.1985) ("We are not saying that the petitioner should not have been transported to Florida. That is within the province of the Attorney General to decide."); Sasso v. Milhollan, 735 F.Supp. 1045, 1046 (S.D.Fla.1990) (holding that the Attorney General has discretion over location of detention). Sinclair v. Attorney General of U.S., 198 F. Appx 218, 222 n.3 (3d Cir. 2006). Petitioner's 4 Motion to appoint counsel is likewise DENIED without prejudice as premature. It is well-settled that "[i]ndigent civil litigants possess neither a constitutional nor a statutory right to appointed counsel." Montgomery v. Pinchak, 294 F.3d 492, 498 (3d Cir. 2002) Signed by Judge Stephanie L. Haines on 6/3/2026. 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: 06/03/2026)

#6

Jun 03, 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 6/3/2026. (dlg) (Entered: 06/03/2026)

Jun 03, 2026

Order on Motion for Preliminary Injunction AND Order on Motion for TRO AND Order on Motion to Appoint Counsel