Western District of Pennsylvania • 3:26-cv-02056

#1

Oct 23, 2026

First PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9967043), filed by JOSE DAVID ROSADO MINAYA. (Attachments: # 1 Memorandum, # 2 Declaration DECLARATION OF CHRISTOPHER C. GARITEE, ESQ., # 3 Exhibit DHS detainee locator information, # 4 Exhibit Notice to Appear, # 5 Exhibit Executive Office for Immigration Review Notice of Internet-Based (Master) Hearing, # 6 Exhibit Form I-94 arrival record for Jose Rosado Minaya, # 7 Exhibit Dominican Republic passport of Jose David Rosado Minaya, # 8 Exhibit United States B1/B2 nonimmigrant visa issued to Jose David Rosado Minaya, # 9 Exhibit New Jersey driver's license of Jose David Rosado Minaya, # 10 Proposed Order, # 11 Civil Cover Sheet and Case Designation Sheet) (Garitee, Christopher) Modified text on 10/26/2026 to remove duplicate entries. (bmh) Modified text on 10/27/2026 to remove memorandum from view, document is re-filed at ECF 7 . (bmh) (Entered: 10/23/2026)

#2

Oct 23, 2026

First MOTION for attorney Christopher C Garitee to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9967410) by JOSE DAVID ROSADO MINAYA. (Attachments: # 1 AFFIDAVIT IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # 2 Exhibit Certificate of Good Standing of Christopher C. Garitee, Esq., # 3 Exhibit United States District Court for the Southern District of New York Certificate of Good Standing) (Garitee, Christopher) (Entered: 10/23/2026)

#3

Oct 23, 2026

First MOTION for Temporary Restraining Order by JOSE DAVID ROSADO MINAYA. (Attachments: # 1 Proposed Order) (Garitee, Christopher) (Entered: 10/23/2026)

#7

Oct 23, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus, filed by JOSE DAVID ROSADO MINAYA. (bmh) (Entered: 10/27/2026)

#4

Oct 26, 2026

Proposed Order re 2 Motion to Appear Pro Hac Vice, by JOSE DAVID ROSADO MINAYA. (Garitee, Christopher) (Entered: 10/26/2026)

#5

Oct 26, 2026

ORDER granting 2 Motion for Christopher C. Garitee to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 10/26/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc) (Entered: 10/26/2026)

#6

Oct 26, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 10/26/2026. (tmc) (Entered: 10/26/2026)

Oct 26, 2026

Order on Motion to Appear Pro Hac Vice

Oct 26, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 First MOTION for attorney Christopher C Garitee to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9967410).ERROR: Filer did not attach a Proposed Order as required by LCvR 7.CORRECTION REQUIRED: Filer to submit a proposed order using the Proposed Order event. Filer is to link the Proposed Order to the relevant motion in the event. (bmh)

Oct 26, 2026

Judge Christy Criswell Wiegand presiding. (bmh)

#8

Oct 27, 2026

ORDER DENYING 3 Motion for Temporary Restraining Order. In the 3 Motion, Petitioner seeks, inter alia, his immediate release from custody or, in the alternative, and an order enjoining Respondents from transferring Petitioner outside of the Western District of Pennsylvania. ECF No. 3 at 4-5. Given that Petitioner is requesting affirmative relief rather than maintenance of the status quo, Petitioner's request 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). Further, Petitioner asks the Court to enjoin Respondents from transferring Petitioner from his current place of detention at the Moshannon Valley Processing Center. ECF No. 3 at 5. 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. Finally, Petitioner requests an order requiring Respondents to show cause why his 1 Petition for Writ of Habeas Corpus should not be granted. ECF No. 3 at 5. Petitioner invokes 28 U.S.C. § 2243, see ECF No. 1 at 13, which provides that "[a] court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto." Section 2243 further provides that "[t]he writ, or order to show cause... shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed." Courts within this Circuit have found that Rule 4 of the Rules Governing Section 2254 and Section 2255 Proceedings ("Habeas Rules"), applicable to § 2241 cases through Rule 1(b) of the Habeas Rules, provides more flexible time limits for ordering an answer and supersedes the time limits of § 2243 to the extent there is a conflict. See Alvierez v. Bondi et al., No. 26-532 (JXN), 2026 WL 146013, *1 (D.N.J. Jan. 20, 2026) (collecting cases). This Court agrees. The Court has issued a case management order setting forth a deadline for Respondents to answer the 1 Petition. For these reasons, IT IS HEREBY ORDERED that the 3 Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 10/27/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc) (Entered: 10/27/2026)

#9

Oct 27, 2026

NOTICE of Appearance by Jerome A. Moschetta on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, MICHAEL T. ROSE, DAVID J. VENTURELLA. (Moschetta, Jerome) (Entered: 10/27/2026)

Oct 27, 2026

CLERK'S NOTICE OF CORRECTION re 1 Petition for Writ of Habeas Corpus, ERROR: MEMORANDUM should have been filed as a separate event and document. The document has been re-filed at ECF 7 . CORRECTION FOR FUTURE FILINGS: Attorney advised that in the future all documents of that nature are to be filed separately. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (bmh)

Oct 27, 2026

Order on Motion for TRO