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

#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)

#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)

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)

Aug 20, 2026

Order on Motion for TRO