Western District of Pennsylvania • 3:26-cv-01934

#1

Oct 01, 2026

First PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9918167), filed by DANILSON CHERISME. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Certificate of Service) (Ellenberg, Stanley) (Entered: 10/01/2026)

#2

Oct 01, 2026

First MOTION for Order to Show Cause by DANILSON CHERISME. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Ellenberg, Stanley) Link added to Errata filed at 3 . Modified text on 10/2/2026. (kss) (Entered: 10/01/2026)

#3

Oct 02, 2026

Errata re 2 Motion for Order to Show Cause by DANILSON CHERISME. Reason for Correction: Case number. (Attachments: # 1 Proposed Order) (Ellenberg, Stanley) (Entered: 10/02/2026)

#4

Oct 02, 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 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 10/2/2026. (lar) (Entered: 10/02/2026)

#5

Oct 02, 2026

ORDER. First, Petitioner's 2 Motion for Order to Show Cause is denied to the extent that Petitioner seeks an Order enjoining Respondents from transferring Petitioner outside of the jurisdiction of this District and outside of the Commonwealth of Pennsylvania during the pending of these proceedings because the Court lacks jurisdiction to so enjoin Respondents. Congress has vested the Secretary of Homeland Security and his/her delegates, such as United States 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. Atty Gen., 198 F. Appx 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. Atty 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, Civ. 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, Petitioner's 2 Motion for Order to Show Cause is otherwise denied as moot in light of the expedited Case Management Order issued in this case today at Doc. 4. Signed by Judge Arthur J. Schwab on 10-2-26. 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: 10/02/2026)

#6

Oct 02, 2026

CERTIFICATE of Compliance re 4 Case Management Order, by Stanley Ellenberg on behalf of DANILSON CHERISME (Ellenberg, Stanley) (Entered: 10/02/2026)

Oct 02, 2026

Order on Motion to Show Cause

Oct 02, 2026

Judge Arthur J. Schwab presiding. (kss)

Oct 02, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 First MOTION for Order to Show Cause.ERROR: No case number on motion and proposed order.CORRECTION REQUIRED: Filer is directed to file the documents with a corrected case number using the Errata event. (kss)