Western District of Pennsylvania • 3:26-cv-01296

#1

Jul 06, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9704990), filed by GUADALUPE A VASQUEZ SANTOS. (Attachments: # 1 TEMPORARY RESTRAINING ORDER, # 2 Certificate of Service, # 3 Civil Cover Sheet) (Flowers, Christine) (Entered: 07/06/2026)

#2

Jul 06, 2026

MOTION for Temporary Restraining Order by GUADALUPE A VASQUEZ SANTOS. (elt) (Additional attachment(s) added on 7/8/2026: # 1 Certificate of Service) (elt). (Entered: 07/08/2026)

#3

Jul 06, 2026

Proposed Order re 2 Motion for TRO by GUADALUPE A VASQUEZ SANTOS. (elt) (Entered: 07/08/2026)

Jul 06, 2026

Judge W. Scott Hardy added. (elt)

Jul 06, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus,. ERROR: Document should have been filed as two separate documents. CORRECTION FOR FUTURE FILINGS: Attorney advised that in the future all documents of that nature are to be filed separately. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (elt)

#4

Jul 08, 2026

ORDER denying 2 Motion for TRO. Petitioner Guadalupe Vasquez Santos is an alien (native of Mexico) who entered the United States without inspection in or about 2004. He was detained by ICE on June 27, 2026 and is now in custody at the Moshannon Valley Processing Center. He filed a Petition for Writ of Habeas Corpus, arguing, inter alia, that he is entitled to immediate release or to an individualized a bond hearing wherein the Government would bear the burden of proving by clear and convincing evidence that his continued detention is necessary because he poses a danger to the community or a substantial risk of flight, that Respondents' detention policy be set aside and be declared contrary to law, and that all of Petitioner's personal effects taken from him at time of arrest be returned to him. He has filed a Motion for Temporary Restraining Order seeking an order enjoining Respondents from removing Petitioner from the United States until final resolution of the Petition and directing Respondents to show cause why a preliminary injunction should not be issued. The Court is compelled to deny the requested TRO because it lacks jurisdiction to enjoin his transfer or removal. The place of an alien's detention is left to the discretion of the Attorney General and courts lack jurisdiction to enjoin a detainee's transfer. See Calla-Collado v. Attorney General of the US, 663 F.3d 680, 685 (3d Cir. 2011). Further, under 8 USC 1252(g) no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action of the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter. Courts, including the Third Circuit, have interpreted the jurisdictional bar to review of issues relating to removability broadly. See Khalil v. President of the United States, 164 F.4th 259 (3d. Cir. 2026). This Court lacks, therefore, the authority under the Immigration and Nationality Act ("INA") to issue a TRO barring removal. The Court will give prompt consideration to the merits of the Petition upon the expedited case management schedule that will issue forthwith. The Motion for TRO is denied. Signed by Judge W. Scott Hardy on 7/8/2026. 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: 07/08/2026)

#5

Jul 08, 2026

CASE MANAGEMENT ORDER. Signed by Judge W. Scott Hardy on 7/8/2026. (kas) (Entered: 07/08/2026)

Jul 08, 2026

Order on Motion for TRO

Jul 08, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 Proposed Order. ERROR: Form improperly completed. The proposed order should be filed as a separate attachment from the motion and should have a place for the judgeto sign if the motion is granted. [See LCvR7.D]Proposed Order was filed as part of the main document. CORRECTION: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event.Attorney advised that in future proposed orders are to be made attachments to the main document. (elt)