Western District of Pennsylvania • 3:26-cv-01618

#1

Aug 19, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 200020648), filed by BREY MOISES HERNANDEZ GUTIERREZ. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit List, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Receipt, # 12 Envelope) (ljs) (Entered: 08/19/2026)

#2

Aug 19, 2026

MOTION for Temporary Restraining Order by BREY MOISES HERNANDEZ GUTIERREZ. (Attachments: # 1 Envelope) (ljs) (Entered: 08/19/2026)

Aug 19, 2026

Judge Christy Criswell Wiegand added. (ljs)

#3

Aug 20, 2026

ORDER DENYING 2 Motion for Temporary Restraining Order. In the 2 Motion, pro se Petitioner seeks, inter alia, his immediate release from detention and an order enjoining Respondents from transferring Petitioner outside of the Western District of Pennsylvania. 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. And, regarding Petitioner's request for immediate release from custody, such request for affirmative relief 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 for Temporary Restraining Order is DENIED. Signed by Judge Christy Criswell Wiegand 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. (jcs) (Entered: 08/20/2026)

#4

Aug 20, 2026

Case Management Order

Aug 20, 2026

Order on Motion for TRO

#5

Aug 21, 2026

Case Management Order