Western District of Pennsylvania • 3:26-cv-01524

#1

Aug 06, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9783266), filed by Xian Wu Li. (Attachments: # 1 Civil Cover Sheet) (Barchiesi, Robert) (Entered: 08/06/2026)

#2

Aug 07, 2026

MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction by Xian Wu Li. (Attachments: # 1 Proposed Order) (Barchiesi, Robert) (Entered: 08/07/2026)

Aug 07, 2026

Judge Joy Flowers Conti added. (kss)

#3

Aug 10, 2026

ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge Joy Flowers Conti no longer assigned to case. Signed by Judge Joy Flowers Conti on 8/10/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk) (Entered: 08/10/2026)

Aug 10, 2026

Order Reassigning Case

Aug 10, 2026

Judge David S. Cercone added. (kss)

#4

Aug 11, 2026

NOTICE of Appearance by Hillary Weaver on behalf of TODD BLANCHE, MARKWAYNE MULLIN, DAVID J. VENTURELLA, WARDEN, MOSHANNON VALLEY PROCESSING CENTER. (Weaver, Hillary) (Entered: 08/11/2026)

#5

Aug 12, 2026

ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 8/12/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm) (Entered: 08/12/2026)

#6

Aug 12, 2026

ORDER DENYING IN PART 2 Motion for Temporary Restraining Order and Preliminary Injunction filed by Petitioner. In the 2 Motion, Petitioner seeks a Court order requiring his immediate release and enjoining his transfer from Moshannon Valley Processing Center to another facility. Congress has vested the Secretary of Homeland Security and his/her delegates, such as U.S. Immigration and Customs Enforcement (ICE) with the authority to detain aliens pending a decision on their removal proceedings. 8 U.S.C. §§ 1231(a)(2), 1226(a), (c)(1). And Congress has vested the Department of Homeland Security (DHS) with the discretion to set the place of detention. 8 U.S.C. § 1231(g)(1); Sinclair v. Att'y Gen., 198 F. App'x 218, 222 n.3 (3d Cir. 2006) (collecting cases). Within DHS discretion is the authority to transfer aliens from one detention center to another. Calla-Collado v. Att'y Gen., 663 F.3d 680, 685 (3d Cir. 2011). Reading § 1231(g)(1) together with Congress' limitations in 8 U.S.C. § 1252(a)(2)(B)(ii) on federal district courts' jurisdiction to review discretionary actions by DHS, federal district courts have concluded that they lack jurisdiction to review DHS' decisions under § 1231. See, e.g., Jane v. Rodriguez, No. 20-5922, 2020 WL 10140953, *1-2 (D.N.J. May 22, 2020) (citing cases). Consistent with this authority, this Court concludes that it lacks jurisdiction to enjoin Petitioner's transfer. In addition, given that Petitioner is requesting affirmative relief rather than maintenance of the status quo, Petitioner's request for immediate release goes beyond the limited, temporary nature of a TRO and requires giving Respondents notice and an opportunity to be heard. See Hope v. Warden York County Prison, 956 F.3d 156, 162 (3d Cir. 2020). Accordingly, IT IS HEREBY ORDERED that the 2 Motion is DENIED to the extent Petitioner seeks a temporary restraining order. The Court defers its ruling on Petitioners request for preliminary injunction. Respondents shall respond to Petitioners request for preliminary injunction in conjunction with their response to the Petition. A Case Management Order setting the applicable deadlines will follow. Signed by Judge Christy Criswell Wiegand on 8/12/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 08/12/2026)

Aug 12, 2026

Order on Motion for Preliminary Injunction AND Order on Motion for TRO

Aug 12, 2026

Order Reassigning Case

Aug 12, 2026

Judge Christy Criswell Wiegand added. (cel)

#7

Aug 13, 2026

Case Management Order