Western District of Pennsylvania • 3:26-cv-01713

#1

Aug 28, 2026

First PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9841233), filed by Jose Nolberto Loja Mayancela. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Order Proposed Order, # 3 Exhibit Exhibit List) (Kalil, Clarissa) (Entered: 08/28/2026)

#2

Aug 28, 2026

First MOTION for Temporary Restraining Order by Jose Nolberto Loja Mayancela. (Attachments: # 1 Proposed Order Proposed Order) (Kalil, Clarissa) (Entered: 08/28/2026)

#3

Aug 28, 2026

First MOTION for attorney Clarissa Moraes Kalil to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9841245) by Jose Nolberto Loja Mayancela. (Attachments: # 1 Exhibit Exhibit List, # 2 Proposed Order Proposed Order) (Kalil, Clarissa) (Entered: 08/28/2026)

Aug 28, 2026

Judge Arthur J. Schwab added. (sms)

#4

Aug 29, 2026

ORDER DENYING 2 Petitioner Jose Nolberto Loja-Mayancela's Motion for Temporary Restraining Order and Expedited Relief for the following reasons. First, the Court lacks jurisdiction to grant Petitioner's request that it enjoin Respondents from transferring him outside the jurisdiction of this Court while this matter is pending. 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's 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). Nor does the All Writs Act, 28 U.S.C. § 1651, provide the Court with jurisdiction to enjoin transfer. Barrios v. Att'y Gen., 452 F. App'x 196, 198 (3d Cir. 2011) (jurisdiction-stripping provision in section § 1252(g) of INA, which is identical to jurisdiction-stripping language of § 1252(a)(2)(B)(ii), is not superseded by All Writs Act). Second, with respect to Petitioner's requests that this Court: (1) direct Respondents to immediately release Petitioner from ICE custody, subject to reasonable noncustodial conditions of supervision; (2) alternatively, if the Court declines to order immediate release, declare that Petitioners detention is governed by 8 U.S.C. § 1226(a) and direct Respondents to provide Petitioner with a prompt individualized custody hearing before a neutral Immigration Judge within seven calendar days, at which Petitioner may seek release on bond or other appropriate conditions; (3) require Respondents to identify and produce any administrative or judicial warrant, Form I-200, custody authorization, or other documentation relied upon to effect Petitioner's August 12, 2026 arrest, or alternatively, identify the factual and statutory basis for any warrantless arrest pursuant to 8 U.S.C. § 1357(a)(2); (4) require at least seventy-two hours' advance written notice to Petitioners counsel and this Court before transfer, except in the event of a genuine medical emergency; (5) direct Respondents to show cause on an expedited basis why preliminary injunctive relief should not issue preserving the relief granted by the Court during the pendency of this action; and (6) granting such other and further relief as this Court deems just and proper, Petitioner's requests seeks the same substantive relief sought by his Petition and is affirmative relief, rather than the maintenance of the status quo. A TRO is not an appropriate avenue for this type of relief. Third, Petitioner has not shown a sufficient reason for this Court to decide Petitioner's habeas petition prior to deciding the approximately twenty-seven (27) non-citizen habeas petitions currently on its docket that were filed prior to Petitioner filing his habeas petition. Having so found, the Court understands Petitioner's habeas petition to ultimately be seeking a prompt review of the lawfulness of Petitioner's detention, and relief, in the form of, at a minimum, an individualized bond hearing. Consistent therewith, an expedited case management schedule will issue forthwith. Signed by Judge Arthur J. Schwab on 8-29-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 08/29/2026)

Aug 29, 2026

Order on Motion for TRO

#5

Aug 31, 2026

TEXT ORDER granting 3 Motion for Clarissa Moraes Kalil to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 8/31/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar) (Entered: 08/31/2026)

Aug 31, 2026

Order on Motion to Appear Pro Hac Vice

#6

Sep 08, 2026

CASE MANAGEMENT ORDER: Petitioner's counsel shall serve Respondents with a copy of this Order and the Petition via e-mail, as specified, and file a notice of compliance. Respondents' counsel shall file a notice of appearance within 3 days of the filing of Petitioner's Certificate of Compliance of Service. Respondents shall file any responses or answers to the petition within 14 days of the date of service. Petitioner's reply is due within 5 days of Respondents' response. Signed by Judge Arthur J. Schwab on 9-8-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 09/08/2026)

#7

Sep 10, 2026

CERTIFICATE of Compliance re 6 Case Management Order,, by Clarissa Kalil on behalf of Jose Nolberto Loja Mayancela (Kalil, Clarissa) (Entered: 09/10/2026)

#8

Sep 11, 2026

NOTICE of Appearance by Kerianne Nagy on behalf of TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, WARDEN. (Nagy, Kerianne) (Entered: 09/11/2026)

#9

Sep 23, 2026

NOTICE of Suggestion of Mootness by TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, WARDEN re 1 Petition for Writ of Habeas Corpus, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Nagy, Kerianne) (Entered: 09/23/2026)

#10

Sep 29, 2026

ORDER re 1 Petition for Writ of Habeas Corpus filed by Jose Nolberto Loja Mayancela. In light of Respondents' representation, with supporting documentation, in their 9 Notice of Suggestion of Mootness, that Petitioner Jose Nolberto Loja Mayancela was released from ICE custody under bond of $30,000.00 on September 17, 2026, following a bond hearing, Petitioners 1 Petition for Writ of Habeas Corpus is dismissed as moot. The Clerk of Court shall mark this case CLOSED. Signed by Judge Arthur J. Schwab on 9/29/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 09/29/2026)

Sep 29, 2026

Order