Western District of Pennsylvania • 3:26-cv-01219

#1

Jun 25, 2026

Second PETITION for Writ of Habeas Corpus Immigrant Detention 2241 (Filing fee, including Administrative fee, $5, receipt number APAWDC-9680225), filed by MOH SHAKIB STANIKZAI. (Attachments: # 1 Exhibit IJ Decision Granting Withholding of Removal, # 2 Exhibit BIA Appeal Receipt, # 3 Exhibit IJ Decision on Bond, # 4 Exhibit Criminal Disposition, # 5 Exhibit Receipt Merits Appeal to BIA) (Reynolds, Sarnata) (Entered: 06/25/2026)

#2

Jun 25, 2026

Appear Pro Hac Vice (for Attorney filers only, Credit Card required)

#3

Jun 25, 2026

Civil Cover Sheet re 1 Petition for Writ of Habeas Corpus, Immigration Detention by MOH SHAKIB STANIKZAI. (Reynolds, Sarnata) (Entered: 06/25/2026)

Jun 25, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Petition for Writ of Habeas Corpus,. ERROR: No Civil Cover Sheet attached. CORRECTION: No Civil Cover Sheet (JS-44), which is required for all civil cases, was attached. Filer to submit a complete civil cover sheet by using the Civil Cover Sheet event, linking it to the initial pleading. (jd)

Jun 25, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 First MOTION for attorney Sarnata Reynolds to Appear Pro Hac Vice, Immigrant Detention 2241 (Filing fee $70, Receipt # APAWDC-9680302). ERROR: Caption and/or case number of document does not match case.Attorney signature does not comply with requirements, MISSING EMAIL ADDRESS AND PHONE NUMBER. CORRECTION: Filer is directed to file the document with a corrected caption and/or case number using the Errata event.Attorney directed to comply with all requirements of LCvR 5.2(B) in all future filings. (jd)

Jun 25, 2026

Judge Christy Criswell Wiegand added. (jd)

#4

Jun 26, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 6/26/2026. (drc) (Entered: 06/26/2026)

Jun 26, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 Civil Cover Sheet. ERROR: Form improperly completed, SPECIFICALLY MISSING SECTION II, SECTION IV, COUNTY SHOULD BE "CLEARFIELD". CORRECTION: Filer to resubmit properly completed form using the Errata event, linking the document to the previous entry. PLEASE REFER TO THE FILING GUIDE AT https://www.pawd.uscourts.gov/sites/pawd/files/Attorney_Civil_Filing_Guide-MVPC_Cases.pdf FOR THIS TYPE OF CASE (jd)

#5

Jun 30, 2026

Errata re 3 CIVIL COVER SHEET, by MOH SHAKIB STANIKZAI. Reason for Correction: County & Sections II and IV Completed. (Reynolds, Sarnata) Modified text on 7/1/2026 to link to original filing. (jd) (Entered: 06/30/2026)

#6

Jun 30, 2026

Temporary Restraining Order

#7

Jul 01, 2026

Proposed Order re 6 Motion for TRO Immigrant Detention 2241 by MOH SHAKIB STANIKZAI. (Reynolds, Sarnata) (Entered: 07/01/2026)

#8

Jul 01, 2026

NOTICE of Appearance by Jill Locnikar on behalf of TODD BLANCHE, TODD M. LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY PROCESSING CENTER. (Locnikar, Jill) (Entered: 07/01/2026)

#9

Jul 01, 2026

ORDER DENYING 6 Motion for Temporary Restraining Order. In the 6 Motion, Petitioner avers that Respondents transferred Petitioner from Moshannon Valley Processing Center (MVPC) to FCI Lewisburg on 6/29/2026 without or explanation[.] Petitioner seeks a Temporary Restraining Order enjoining Respondents from transferring Petitioner again without advance notice and requiring Respondents to file a status report explaining the reasons for Petitioners transfer from MVPC to FCI Lewisburg. Under Federal Rule of Civil Procedure 65(b)(1), the Court may issue a temporary restraining order without written or oral notice to the adverse party only if (1) "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition" and (2) "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Further, pursuant to Section III.C of the undersigned's Practices and Procedures (available at: https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Practices_Procedures_2024.pdf), [c]onsistent with Rule 65, the Court will not issue a temporary restraining order: (1) when the opposing party has been served; (2) when the motion provides no certification indicating that prompt service cannot be accomplished; or (3) when the motion is unaccompanied by an affidavit or verified complaint consistent with Rule 65(b)(1)(A)." Here, the 6 Motion is not accompanied by any affidavit or verified complaint, let alone an affidavit or verified complaint setting forth facts showing immediate and irreparable injury to Petitioner in the absence of a TRO, as required by Rule 65. Furthermore, Congress has vested the Department of Homeland Security (DHS) with the discretion to set the place of detention for noncitizens in removal proceedings. 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 will not order Respondents to file a status report explaining the reasons for Petitioners transfer. Therefore, IT IS HEREBY ORDERED that 6 TRO is denied. Signed by Judge Christy Criswell Wiegand on 7/01/2026. 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: 07/01/2026)

#10

Jul 01, 2026

Errata re 2 Motion to Appear Pro Hac Vice, Sarnata Reynolds by MOH SHAKIB STANIKZAI. Reason for Correction: Case Number, Email, Phone Number. (Attachments: # 1 Affidavit Sarnata Reynolds Affidavit Supporting Pro Hac Vice, # 2 Supplement CA Bar Association, Certificate of Good Standing) (Reynolds, Sarnata) (Entered: 07/01/2026)

#11

Jul 01, 2026

SCHEDULING ORDER: Response to Petition due 7/06/2026, Reply due 7/14/2026. Signed by Judge Christy Criswell Wiegand on 7/01/2026. 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: 07/01/2026)

#12

Jul 01, 2026

ORDER granting 2 Motion for Sarnata Reynolds to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 7/01/2026. 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: 07/01/2026)

Jul 01, 2026

Order on Motion to Appear Pro Hac Vice

Jul 01, 2026

Order on Motion for TRO

Jul 01, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 6 First MOTION for Temporary Restraining Order Transfer from Immigration Detention to Federal Pen. w/o Notice. ERROR: Filer did not attach a Proposed Order as required by LCvR 7. CORRECTION: 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. (jd)

Jul 01, 2026

Order

#13

Jul 02, 2026

Extension of Time to File Response/Reply

#14

Jul 02, 2026

ORDER VACATING 11 Scheduling Order. Response to Petition due 7/27/2026, Reply due 8/03/2026. Signed by Judge Christy Criswell Wiegand on 7/02/2026. 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: 07/02/2026)

Jul 02, 2026

Order

#15

Jul 07, 2026

ORDER denying as moot 13 Motion for Extension of Time to File Response/Reply in light of the Court's Order at ECF No. 14. Signed by Judge Christy Criswell Wiegand on 7/7/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.(Wiegand, Christy) (Entered: 07/07/2026)

Jul 07, 2026

Order on Motion for Extension of Time to File Response/Reply

#16

Jul 22, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, TODD M. LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, WARDEN MOSHANNON VALLEY PROCESSING CENTER. (Locnikar, Jill) (Entered: 07/22/2026)

#17

Jul 28, 2026

ORDER DENYING 1 Second Petition for Habeas Corpus. Petitioner, a native and citizen of Afghanistan, has been detained at Moshannon Valley Correctional Center since February 2026. ECF No. 1 at 4. In a previous petition, Stanikzai v. McShane, No. 26-cv-00417-CCW (W.D. Pa. 2026) (Wiegand, J.) (Stanikzai I), Petitioner argued that he was subject to discretionary detention pursuant to § 1226(a) and not mandatory detention under § 1225(b)(2) and therefore that he was entitled to a bond hearing. The Court agreed, and, granting the petition in part on 3/23/2026, directed Respondents to provide Petitioner with a bond hearing within seven days. See Stanikzai I, ECF No. 11. Petitioner's bond hearing was held on 3/30/2026, and the immigration judge denied bond based on a finding of flight risk. ECF No. 1-3 at 2-3. In a motion to enforce filed on 4/30/2026, Petitioner asserted that the 3/30/2026 bond hearing violated his due process rights and asked this Court to order his immediate release from custody. See Stanikzai I, ECF No. 18. Finding that the 3/30/2026 bond hearing was fundamentally fair, the Court denied the motion. See Stanikzai I, ECF No. 21. Now, in a separate Petition, Petitioner again requests immediate release from detention or, in the alternative, a bond hearing at which the government bears the burden of demonstrating that Petitioner's continued detention pending his removal is necessary. ECF No. 1 at 14. Petitioner asserts that a change in circumstance following the 3/30/2026 bond hearing, namely, an immigration judges grant of Petitioner's application for withholding of removal, warrants Petitioner's immediate release. Id. at 9-13. The Court disagrees. Federal courts "lack jurisdiction to review any discretionary determinations underlying the IJ's bond decision," and may only "review whether the bond hearing was fundamentally unfair" such that it violates the detainee's due process rights. Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022); see also Quinteros v. Warden Pike Cnty. Corr. Facility, 784 F. App'x 75, 78 (3d Cir. 2019). The United States Court of Appeals for the Third Circuit has advised that a bond hearing under 8 U.S.C. § 1226 is "fundamentally fair," and thus satisfies due process, if three essential elements are present: (1) factfinding based on a record produced before the decisionmaker and disclosed to the detainee; (2) the detainee is allowed to make arguments on his or her behalf; and (3) the IJ makes an individualized determination of the detainee's interests. Ghanem, 2022 WL 574624 at *2; see also Quinteros, 784 F. App'x at 78. Accordingly, this Court's review of the bond hearing is limited to considering whether the hearing was fundamentally fair under Ghanem. On 5/7/2026, this Court concluded that the 3/30/2026 bond hearing was fundamentally fair. See Stanikzai I, ECF No. 21. Now, Petitioner seeks further review of the immigration judges bond determination, arguing that events after the hearing undermined one of the Immigration Judge's express reasons for denying bond. ECF No. 1 at 11. This Court lacks jurisdiction to review the substance of the immigration judges determinations. 8 U.S.C. § 1226(e) (No court may set aside any action or decision by the Attorney General... regarding... the revocation or denial of bond or parole.). Accordingly, IT IS HEREBY ORDERED that the 1 Petition is DENIED. Clerk is to mark this case CLOSED. Signed by Judge Christy Criswell Wiegand on 7/28/2026. 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: 07/28/2026)

#18

Jul 28, 2026

FINAL JUDGMENT entered consistent with the above order (ECF No. 17). Signed by Judge Christy Criswell Wiegand on 7/28/2026. 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: 07/28/2026)

Jul 28, 2026

Judgment (Rule 58)

Jul 28, 2026

Order

#19

Jul 31, 2026

Reopen Case

Aug 03, 2026

Order on Motion to Reopen Case