Western District of Pennsylvania • 3:26-cv-01592

AGUILAR SANCHEZ v. BLANCHE

Completed

Case Information

Filed: August 15, 2026
Assigned to: J. Nicholas Ranjan
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Completed: September 09, 2026
Last Activity: September 09, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 15, 2026
PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9803915), filed by HECTOR ALCIDES AGUILAR SANCHEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9) (Acuff, Kristin) (Entered: 08/15/2026)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
#2
Aug 15, 2026
MOTION for attorney Kristin Acuff to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9803917) by HECTOR ALCIDES AGUILAR SANCHEZ. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Acuff, Kristin) (Entered: 08/15/2026)
Main Document: Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Aug 17, 2026
Judge J. Nicholas Ranjan added. (rjr)
#3
Aug 18, 2026
ORDER granting 2 Motion for Kristin Acuff to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 8/18/2026. (pak) (Entered: 08/18/2026)
Main Document: Order on Motion to Appear Pro Hac Vice
#4
Aug 18, 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 within 14 days of the date of service. Petitioner's reply is due within 5 days of Respondents' response. Signed by Judge J. Nicholas Ranjan on 8/18/2026. (pak) (Entered: 08/18/2026)
Main Document: Case Management Order
#5
Aug 19, 2026
CERTIFICATE of Compliance re 4 CASE MANAGEMENT ORDER by Kristin Acuff on behalf of HECTOR ALCIDES AGUILAR SANCHEZ (Acuff, Kristin) Modified text on 8/20/2026 to add linkage. (rjr) (Entered: 08/19/2026)
Main Document: CERTIFICATE
Aug 20, 2026
CLERK'S NOTICE OF CORRECTION re 5 Certificate of Compliance. ERROR: Document not linked. CORRECTION FOR FUTURE FILINGS: Filer advised to link filing to related document(s) in future filings. Clerk added link to appropriate document(s). THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)
#6
Aug 21, 2026
NOTICE of Appearance by Jerome A. Moschetta on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, JOHN RIFE. (Moschetta, Jerome) (Entered: 08/21/2026)
Main Document: NOTICE
#7
Sep 02, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus,, filed by TODD BLANCHE, MARKWAYNE MULLIN, LEONARD ODDO, JOHN RIFE. (Attachments: # 1 Exhibit, # 2 Exhibit) (Moschetta, Jerome) (Entered: 09/02/2026)
Main Document: RESPONSE
#8
Sep 03, 2026
Emergency MOTION for Temporary Restraining Order by HECTOR ALCIDES AGUILAR SANCHEZ. (Attachments: # 1 Supplement Memorandum of Law in Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order) (Acuff, Kristin) Attachment 1 removed from public view and refiled at 9 . Modified text on 9/3/2026. (rjr) (Entered: 09/03/2026)
Main Document: Temporary Restraining Order
#9
Sep 03, 2026
BRIEF in Support re 8 Motion for TRO filed by HECTOR ALCIDES AGUILAR SANCHEZ. (rjr) (Entered: 09/03/2026)
Main Document: BRIEF
Sep 03, 2026
CLERK'S NOTICE OF CORRECTION re 8 Emergency MOTION for Temporary Restraining Order . ERROR: Document should have been filed as two separate documents. CORRECTION FOR FUTURE FILINGS: Attorney advised that in the future all documents of that nature are to be filed separately. Clerk of Court refiled Brief in Support of Motion at 9 . THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE. (rjr)
#10
Sep 04, 2026
ORDER DENYING 8 Motion for Temporary Restraining Order for lack of jurisdiction. Petitioner, a native of El Salvador, is currently detained at Moshannon Valley Correctional Center, and seeks to enjoin Respondent(s) from transferring him to another detention facility. 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'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, 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). Consistent with this authority, this Court concludes that it lacks jurisdiction to enjoin Petitioner's transfer. Accordingly, IT IS HEREBY ORDERED that Petitioner's 8 Motion is DENIED. Signed by Judge J. Nicholas Ranjan on 9/4/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 09/04/2026)
Sep 04, 2026
Order on Motion for TRO
#11
Sep 09, 2026
ORDER. For the reasons stated in Buele Morocho v. Warden Phila. FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), the Court GRANTS the 1 habeas petition and ISSUES the writ, on these terms: (1) Respondents shall cause Petitioner to be taken to a neutral immigration judge of the Executive Office of Immigration Review for an individualized bond hearing to occur within 30 days of this order, or else release Petitioner by such date. (2) Respondents shall ensure that such a hearing include the required due process, i.e., at a minimum, factfinding based on a record produced before the decisionmaker and disclosed to Petitioner; an opportunity to make arguments on the Petitioner's behalf; and the right to an individualized determination of Petitioner's interests. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022). (3) Petitioner shall be responsible for securing the necessary transcripts and record of the bond hearing. The Court further finds that Respondents' position was substantially justified in this case, so no fees shall be awarded. The Court trusts the immigration judge to comply with this order and ensure that Petitioner is provided due process, and therefore the immigration judge shall explain his or her individualized determination on the record. See Kamara v. Atty Gen. of U.S., 420 F.3d 202, 212 (3d Cir. 2005). The Clerk of Court shall mark this case as CLOSED. Signed by Judge J. Nicholas Ranjan on 9/9/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 09/09/2026)
#12
Sep 09, 2026
FINAL JUDGMENT, entered consistent with the above order (ECF 11). Signed by Judge J. Nicholas Ranjan on 9/9/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 09/09/2026)
Sep 09, 2026
Order
Sep 09, 2026
Judgment (Rule 58)