Western District of Pennsylvania • 3:26-cv-01614

SIMBANA SALAZAR v. ODDO

Completed

Case Information

Filed: August 19, 2026
Assigned to: W. Scott Hardy
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Completed: September 29, 2026
Last Activity: September 29, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 19, 2026
PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001210), filed by HERNAN A. SIMBANA SALAZAR. (Attachments: # 1 Tab A, # 2 Tab B, # 3 Tab C, # 4 Tab D, # 5 Tab E, # 6 Tab F, # 7 Tab G, # 8 Civil Cover Sheet, # 9 Receipt, # 10 Envelope) (kss) (Entered: 08/19/2026)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
#2
Aug 19, 2026
MOTION for Temporary Restraining Order by HERNAN A. SIMBANA SALAZAR. (Attachments: # 1 Proposed Order, # 2 Envelope) (kss) (Entered: 08/19/2026)
Main Document: Temporary Restraining Order
Aug 19, 2026
Judge W. Scott Hardy added. (kss)
#3
Aug 20, 2026
ORDER re 2 Motion for Temporary Restraining Order by Petitioner Hernan A. Simbana Salazar. In order to obtain a temporary restraining order (a "TRO"), Petitioner must satisfy the requirements of Federal Rule of Civil Procedure 65 and show that: (1) he is likely to succeed on the merits, (2) denial will result in irreparable harm, (3) granting the injunction will not result in irreparable harm to the Respondent(s), and (4) granting the injunction is in the public interest. Here, Petitioner provides no factual or legal basis to satisfy these requirements. In the Motion, Pro Se Petitioner does not state the relief sought nor set forth the grounds in support thereof. Rather, Petitioner merely attaches a proposed order that seeks to enjoin removal from the United States or from transferring Petitioner outside this judicial district. The Court is compelled to deny the requested TRO because it lacks jurisdiction to enjoin Petitioner's 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 case management schedule that will issue forthwith. The Motion for TRO is DENIED. Signed by Judge W. Scott Hardy on 8/20/2026. 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: 08/20/2026)
#4
Aug 20, 2026
CASE MANAGEMENT ORDER. Signed by Judge W. Scott Hardy on 8/20/2026. (kas) (Entered: 08/20/2026)
Main Document: Case Management Order
Aug 20, 2026
Order on Motion for TRO
#5
Aug 21, 2026
NOTICE of Appearance by Hillary Weaver on behalf of ATTORNEY GENERAL, MARCOS CHARLES, TODD M. LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Weaver, Hillary) (Entered: 08/21/2026)
Main Document: NOTICE
#6
Sep 18, 2026
NOTICE of Appearance by Anna Karen Jessurun on behalf of HERNAN A. SIMBANA SALAZAR. (Jessurun, Anna) (Entered: 09/18/2026)
Main Document: NOTICE
#7
Sep 18, 2026
Consent MOTION for Extension of Time to File Response/Reply re 1 PETITION for Writ of Habeas Corpus by HERNAN A. SIMBANA SALAZAR. (Attachments: # 1 Proposed Order, # 2 Certificate of Conferral) (Jessurun, Anna) Modified text on 9/21/2026 to add document linkage. (kss) (Entered: 09/18/2026)
Main Document: Extension of Time to File Response/Reply
Sep 21, 2026
CLERK'S NOTICE OF CORRECTION re 7 Consent MOTION for Extension of Time to File Response/Reply. ERROR: Document not linked. CORRECTION FOR FUTURE FILINGS: Filer advised to link filing to related document(s) in future filings. Clerk added link to appropriate document(s). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (kss)
#8
Sep 22, 2026
ORDER granting 7 Consent Motion for Two-Week Extension of Time for Respondents to Respond to Petition for Writ of Habeas Corpus. Respondents shall file a response by 10/5/2026. Signed by Judge W. Scott Hardy on 9/22/2026. 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: 09/22/2026)
Sep 22, 2026
Order on Motion for Extension of Time to File Response/Reply
#9
Sep 28, 2026
STIPULATION of Dismissal by HERNAN A. SIMBANA SALAZAR. (Jessurun, Anna) (Entered: 09/28/2026)
Main Document: STIPULATION
#10
Sep 29, 2026
ORDER approving 9 Stipulation of Dismissal. The Clerk of Court is to mark this case CLOSED. Signed by Judge W. Scott Hardy on 9/29/2026. 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: 09/29/2026)
Sep 29, 2026
Order AND ~Util - Terminate Civil Case