Western District of Pennsylvania • 3:25-cv-00500

#1

Dec 10, 2025

PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-9241267), filed by EMIRHAN TEKELI. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Ex. A DHS Form I-213, # 3 Exhibit Ex. B Notice to Appear, # 4 Exhibit Ex. C EOIR Automated Case Information, # 5 Exhibit Ex. D IJ Bond Denial, # 6 Exhibit Ex. E ICE Detainee Locator, # 7 Exhibit Ex. F Petitioner's Bond Motion) (Martinez, Pretty) (Entered: 12/10/2025)

Dec 10, 2025

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus. ERROR: Case previously opened in incorrect division. CORRECTION FOR FUTURE FILINGS: Incorrect case has been deleted. All filings are to be made at the instant case. Filer may refer to the court's website here for further information. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (ept)

Dec 11, 2025

Magistrate Judge Keith A. Pesto added. (jd)

#2

Dec 18, 2025

CERTIFICATE OF SERVICE by EMIRHAN TEKELI re 1 Petition for Writ of Habeas Corpus, (Attachments: # 1 Exhibit USPS Certified Mail Receipts) (Martinez, Pretty) (Entered: 12/18/2025)

#3

Dec 28, 2025

NOTICE of Appearance by Nicole A. Vasquez Schmitt on behalf of PAMELA BONDI, TODD LYONS, KRISTI NOEM, LEONARD ODDO, MICHAEL T. ROSE. (Vasquez Schmitt, Nicole) (Entered: 12/28/2025)

#4

Dec 29, 2025

Order

#5

Jan 07, 2026

Show Cause

#6

Feb 02, 2026

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PAMELA BONDI, TODD LYONS, KRISTI NOEM, LEONARD ODDO, MICHAEL T. ROSE. (Attachments: # 1 Certificate of Service) (Vasquez Schmitt, Nicole) (Entered: 02/02/2026)

#7

Feb 10, 2026

Temporary Restraining Order

#8

Feb 11, 2026

ORDER: Petitioner's 7 Motion for Temporary Restraining Order is DENIED. Petitioner seeks to enjoin transfer outside of the Commonwealth of Pennsylvania pending the proceedings in this case. 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). 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). Here, Petitioner points to no authority upon which this Court may properly enjoin Respondents from transferring him to another facility. See Calla-Collado v. Attorney General of U.S., 663 F.3d 680, 685 (3d Cir. 2011) ("Congress has vested the Department of Homeland Security ("DHS") with authority to enforce the nation's immigration laws. Thus, as a part of DHS, ICE '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.'") (quoting Gandarillas-Zambrana v. Bd. Of Immigration Appeals, 44 F.3d 1251, 1256 (4th Cir. 1995)). Therefore, because this Court lacks jurisdiction to enjoin Respondents from transferring Petitioner, it will DENY Petitioner's request for a T.R.O. as he seeks an injunction preventing his transfer to another facility. The jurisdiction of this case is returned to the Magistrate Judge for further proceedings. Signed by Judge Stephanie L. Haines on 2/11/2026. 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: 02/11/2026)

Feb 11, 2026

Order on Motion for TRO

Feb 11, 2026

District Judge Stephanie L. Haines added. Judge Stephanie L. Haines presiding and Magistrate Judge Keith A. Pesto referred. (bgs)