Western District of Pennsylvania • 3:26-cv-01429

#1

Jul 23, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number BPAWDC-9749875), filed by MICHELE SIQUEIRA BATISTA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Proposed Order) (Sobel, Jonathan) (Entered: 07/23/2026)

#2

Jul 23, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus, filed by MICHELE SIQUEIRA BATISTA. (Sobel, Jonathan) Document removed from public view and refiled at 7 Errata. Modified text on 7/24/2026. (kss) (Entered: 07/23/2026)

#3

Jul 23, 2026

MOTION for Temporary Restraining Order by MICHELE SIQUEIRA BATISTA. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Sobel, Jonathan) (Entered: 07/23/2026)

#4

Jul 23, 2026

BRIEF in Support re 3 Motion for TRO filed by MICHELE SIQUEIRA BATISTA. (Sobel, Jonathan) Document removed from public view and refiled at 8 Errata. Modified text on 7/24/2026. (keh) (Entered: 07/23/2026)

#5

Jul 23, 2026

MOTION for attorney Jonathan J. Sobel, Esquire to Appear Pro Hac Vice, (Filing fee $70, Receipt # BPAWDC-9749911) by MICHELE SIQUEIRA BATISTA. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Exhibit) (Sobel, Jonathan) (Entered: 07/23/2026)

#6

Jul 23, 2026

NOTICE by MICHELE SIQUEIRA BATISTA re 1 Petition for Writ of Habeas Corpus, (Sobel, Jonathan) (Entered: 07/23/2026)

#7

Jul 24, 2026

Errata re 2 Brief in Support - Other by MICHELE SIQUEIRA BATISTA. Reason for Correction: Docket Number Match. (Sobel, Jonathan) (Entered: 07/24/2026)

#8

Jul 24, 2026

Errata re 4 Brief in Support by MICHELE SIQUEIRA BATISTA. Reason for Correction: Docket Number Match. (Sobel, Jonathan) Modified text to correct document link on 7/24/2026. (keh) (Entered: 07/24/2026)

#9

Jul 24, 2026

Errata re 3 Motion for TRO by MICHELE SIQUEIRA BATISTA. Reason for Correction: Correct to add appropriate docket number. (Sobel, Jonathan) (Entered: 07/24/2026)

Jul 24, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 4 Brief in Support of Motion, 3 MOTION for Temporary Restraining Order, 2 Brief in Support - Other. ERROR: Case number of document does not match case. CORRECTION: Filer is directed to file the document with a corrected case number using the Errata event. (rjr)

Jul 24, 2026

CLERK'S REQUEST FOR CORRECTIVE ACTION re 4 Brief in Support of Motion, 3 MOTION for Temporary Restraining Order . ERROR: Incorrect documents attached. CORRECTION: Attorney advised to refile the main documents, using the Errata event and attach the correct document. (rjr)

Jul 24, 2026

Judge W. Scott Hardy added. (rjr)

#10

Jul 27, 2026

ORDER granting 5 Motion for Jonathan J. Sobel to Appear Pro Hac Vice. Signed by Judge W. Scott Hardy on 7/27/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas) (Entered: 07/27/2026)

#11

Jul 27, 2026

ORDER granting 3 ORDER denying 3 Motion for TRO. Petitioner Michele Siqueira Batisa is an alien (native of Brazil) who entered the United States near Lukeville, Arizona on or about February 1, 2023. The next day, she was served a Notice to Appear charging removability and issued a Form I-286 Notice of Custody Determination and subsequently released on an Order of Recognizance. Petitioner was detained by ICE on July 1, 2026 and is now in custody at the Moshannon Valley Processing Center. She filed a Petition for Writ of Habeas Corpus, arguing, inter alia, that he is entitled to immediate release or to an individualized a bond hearing. She also has filed a Motion for Temporary Restraining Order seeking an order enjoining Respondents from removing Petitioner from the United States or from transferring her outside the Western District of Pennsylvania. The Court is compelled to deny the requested TRO because it lacks jurisdiction to enjoin her transfer or removal. The place of an alien's detention is left to the discretion of the Attorney General and courts lack jurisdiction to enjoin a detainee's transfer. See Calla-Collado v. Attorney General of the US, 663 F.3d 680, 685 (3d Cir. 2011). Further, under 8 USC 1252(g) no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action of the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter. Courts, including the Third Circuit, have interpreted the jurisdictional bar broadly to review of issues relating to removability. See Khalil v. President of the United States, 164 F.4th 259 (3d. Cir. 2026). This Court lacks the authority under the Immigration and Nationality Act ("INA") to issue a TRO barring removal. The Court will give prompt consideration to the merits of the Petition upon the expedited case management schedule that will issue forthwith. The Motion for TRO is denied. Signed by Judge W. Scott Hardy on 7/27/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas) (Entered: 07/27/2026)

#12

Jul 27, 2026

CASE MANAGEMENT ORDER. Signed by Judge W. Scott Hardy on 7/27/2026. (kas) (Entered: 07/27/2026)

Jul 27, 2026

Order on Motion to Appear Pro Hac Vice

Jul 27, 2026

Order on Motion for TRO