Western District of Pennsylvania • 3:26-cv-01292

#1

Jul 06, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 100001480), filed by MELVIN AUDIEL TOMIN NIMAMAC. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Receipt, # 4 Envelope) (rjr) Attachment 2 removed from view due to PII. Modified text on 7/6/2026. (rjr) (Entered: 07/06/2026)

#2

Jul 06, 2026

MOTION for Temporary Restraining Order by MELVIN AUDIEL TOMIN NIMAMAC. (Attachments: # 1 Envelope) (rjr) (Entered: 07/06/2026)

#3

Jul 06, 2026

ORDER deferring ruling on 2 Motion for TRO and Entering Case Management Order, and Setting Certain Response Obligations of Respondents, along with CASE MANAGEMENT ORDER. IT IS HEREBY ORDERED as follows: (1) Service. The Court hereby notifies Petitioner that copies of this order and the Petition were emailed by the Court to the United States Attorneys Office for the Western District of Pennsylvania this day. This email service is deemed sufficient to accomplish formal service of the Petition on Respondents. (2) Respondents counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of this date. (3) Respondents response to the petition. The Court has reviewed the petition and supporting materials, and finds that the threshold issues are: whether the Petitioner is entitled to emergency provisional relief in the nature of a temporary restraining Order and whether Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226, or whether he is subject to mandatory detention under 8 U.S.C. § 1225 pursuant to the interpretation set forth in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). Based on its prior decisions on this issue (i.e., Aguirre-Guevara v. Oddo, et al., Case No. 3:26-cv-00070, ECF No. 8 (W.D. Pa. Feb. 11, 2026); Cova v. Rose, et al, Case No. 3:26-cv-00101, ECF No. 9 (W.D. Pa. Feb. 11, 2026); Radway v. Jamison, et al, Case No.3:26-cv-00104, ECF No. 9 (W.D. Pa. Feb. 19, 2026); Didi v. Warden of Moshannon Valley Ice Processing Center et al, Case No. 3:26-cv-00125, ECF No. 11 (W.D. Pa. Feb. 19, 2026); Coc Ixim v. Oddo et al, Case No. 3:26-cv-0019, ECF No. 10 (W.D. Pa. Feb. 19, 2026), the Court tentatively intends to at least grant relief in the form of an individualized bond hearing before an immigration judge. If Respondents believe that there are factual or legal differences between this case and the other cases in which the Court has decided the issue, then they may file a response to the petition within 7 days, identifying those differences. The response is limited to 25 pages, double-spaced. If Respondents position is the same as in the prior cases in which this issue has been raised and decided by the Court, they shall simply state as much in the response, cite to any response or brief previously filed on the issue in this Court, and their position shall be deemed to be incorporated by reference into the record. AS TO THE PETITIONER'S REQUEST FOR EMERGENCY RELIEF IN THE NATURE OF A TRO, RESPONDENTS SHALL FILE THEIR RESPONSE TO THAT MOTION SIMULTANEOUSLY WITH THEIR ENTRY OF APPEARANCE OF THEIR COUNSEL. The Court directs the U.S. Attorneys Office to mail all Orders, pleadings, Motions, and other papers to the above-named Petitioner and file a certificate of service onthe docket of this matter.. Signed by Judge Mark R. Hornak on 07/06/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 07/06/2026)

Jul 06, 2026

Judge Mark R. Hornak added. (rjr)

Jul 06, 2026

Order on Motion for TRO

#4

Jul 07, 2026

NOTICE of Appearance by Michael Robert Ball on behalf of TODD BLANCHE, FIELD OFFICE DIRECTOR, MARKWAYNE MULLIN, DAVID J. VENTURELLA, WARDEN. (Ball, Michael) (Entered: 07/07/2026)

#5

Jul 08, 2026

RESPONSE to Motion re 2 MOTION for Temporary Restraining Order filed by TODD BLANCHE, FIELD OFFICE DIRECTOR, MARKWAYNE MULLIN, DAVID J. VENTURELLA, WARDEN. (Ball, Michael) (Entered: 07/08/2026)

#6

Jul 09, 2026

ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER WITHOUT PREJUDICE. The Petitioner has filed a Petition for Habeas Corpus relief challenging his current immigration detention while he is physically detained in this District after his arrest in New Jersey. 1 He also seeks a temporary restraining order to block any effort to either transfer his place of detention to a place outside of this District or to remove him from the United States prior to the initiation of formal removal proceedings. 2 At the Court's direction, the Respondents have responded to that motion for emergency relief. A temporary restraining order is an extraordinary exercise of a court's authority, Issa v. Sch. Dist., 847 F.3d 121, 131 (3d Cir. 2017), and to be eligible for such preliminary relief, Petitioner must at least meet the initial "gateway factors" of (1) likelihood of success on the merits, and (2) that he will suffer irreparable harm absent immediate injunctive relief. Veterans Guardian VA Claim Consulting LLC v. Platkin, 133 F.4th 213, 218 (3d Cir. 2025). The standard to show irreparable harm is demanding, and requires Petitioner to demonstrate such harm is more likely than not to occur absent injunctive relief. Id. Petitioner has not done so here. First, even if Petitioner were to be transferred from this District, this Court would not lose jurisdiction over his habeas claims, Anariba v. Dir. Hudson Cty. Corr. Ctr., 17 F.4th 434, 446 (3d Cir. 2021), and they could and would be addressed here. And while the premature removal of Petitioner from the United States would likely present serious harms, Petitioner has not established that either his transfer or removal would be more likely than not to occur absent emergency injunctive relief. This is because the only basis Petitioner provides to believe he will soon face a transfer out of Pennsylvania or be prematurely removed from the United States is the fact he was arrested in New Jersey before being detained here. In the Court's judgment, the fact that Petitioner is now detained in a location that differs from where he was arrested is not indicative that he will be transferred to a new detention location or that he will face removal prior to the initiation of formal removal proceedings, at least not with the level of likelihood that would support the entry of a temporary restraining order. Without more, Petitioner has not demonstrated that the harm he has identified as irreparable is likely to occur without injunctive relief in the form of a temporary restraining order, and thus his Motion for Temporary Restraining Order 2 is DENIED WITHOUT PREJUDICE. Given this disposition, the Court need not address the Respondents' contention that in all circumstances, this Court is without jurisdiction or authority to bar the transfer of the Petitioner to a place of detention outside of this District or to prevent his removal outside of the United States, See Schering Plough Healthcare Prods., Inc. v. Neutrogena Corp., 702, F. Supp. 2d 253, 266 (D. Del. 2010), and therefore does not do so. This Order does not absolve Respondents of their responsibility, outlined in this Courts prior Order 3, to file a response addressing the Petition for Habeas Corpus in this case. Signed by Judge Mark R. Hornak on 7/9/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 07/09/2026)

#7

Jul 09, 2026

Remark: On this date, a copy of the Order as ECF No. 6 was mailed to the following: MELVIN AUDIEL TOMIN NIMAMAC, 222-572-229, MOSHANNON VALLEY PROCESSING CENTER, LEGAL MAIL - Open in Presence of Detainee, 555 GEO DRIVE, PHILIPSBURG, PA 16866. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 07/09/2026)

Jul 09, 2026

Order on Motion for TRO

#9

Jul 15, 2026

Order

#10

Jul 28, 2026

NOTICE BOND HEARING by TODD BLANCHE, FIELD OFFICE DIRECTOR, MARKWAYNE MULLIN, DAVID J. VENTURELLA, WARDEN (Attachments: # 1 Exhibit 1) (Ball, Michael) (Entered: 07/28/2026)

#11

Jul 30, 2026

ORDER CLOSING CASE WITHOUT PREJUDICE. Based on The Notice 10, this action is closed without prejudice to being reopened for good cause shown. The Court retains jurisdiction of the action and of the parties for further proceedings as may be appropriate. Signed by Judge Mark R. Hornak on 7/30/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 07/30/2026)

#12

Jul 30, 2026

Remark: On this date, a copy of the Order at ECF No. 11 was mailed to the following: MELVIN AUDIEL TOMIN NIMAMAC, 222-572-229, MOSHANNON VALLEY PROCESSING CENTER, LEGAL MAIL - Open in Presence of Detainee, 555 GEO DRIVE, PHILIPSBURG, PA 16866. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 07/30/2026)

Jul 30, 2026

Order AND ~Util - Terminate Civil Case