Western District of Pennsylvania • 3:26-cv-01559

#1

Aug 12, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001192), filed by CARLOS ALFREDO QUIROZ FUNEZ. (Attachments: # 1 Exhibit, # 2 Receipt, # 3 Envelope) (jd) (Entered: 08/12/2026)

#2

Aug 12, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by CARLOS ALFREDO QUIROZ FUNEZ. (Attachments: # 1 Envelope) (jd) (Entered: 08/12/2026)

#3

Aug 12, 2026

MOTION to Expedite Consideration of Renewed Petition for Writ of Habeas Corpus by CARLOS ALFREDO QUIROZ FUNEZ. (Attachments: # 1 Envelope) (jd) (Entered: 08/12/2026)

Aug 12, 2026

Judge Christy Criswell Wiegand added. (jd)

#4

Aug 13, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 8/13/2026. (drc) (Entered: 08/13/2026)

#5

Aug 13, 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 Petitioner's request for preliminary injunction. Respondents shall respond to Petitioner's 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 8/13/2026. 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: 08/13/2026)

#6

Aug 13, 2026

ORDER DENYING 3 Emergency Motion to Expedite Consideration of Petition. In the 3 Motion, Petitioner requests, inter alia, expedited consideration of the 1 Petition by this Court. Pursuant to Rule 4 of the Rules Governing Section 2254 and Section 2255 Proceedings (the "Habeas Rules"), applicable to § 2241 cases through Rule 1(b) of the Habeas Rules, district courts have discretion in setting the time limits for ordering an answer to a petition for a writ of habeas corpus. The Court has issued a 4 Case Management Order regarding service of the 1 Petition, and the deadline by which Respondents must respond to the 1 Petition. The Court will resolve the 1 Petition in due course. Accordingly, IT SI HEREBY ORDERED that Petitioners 3 Emergency Motion to Expedite Consideration of the Petition is DENIED.Signed by Judge Christy Criswell Wiegand on 8/13/2026. 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: 08/13/2026)

Aug 13, 2026

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

Aug 13, 2026

Order on Motion to Expedite

Aug 17, 2026

Order