Western District of Pennsylvania • 3:26-cv-01649

JEANTY v. U.S. Department of Homeland Security

Active

Case Information

Filed: August 22, 2026
Assigned to: Stephanie Lou Haines
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Active
Last Activity: September 08, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 23, 2026
PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9822711), filed by STEVENSON JEANTY. (Attachments: # 1 Civil Cover Sheet) (Saleem, Mohammad) (Entered: 08/23/2026)
Main Document: ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
Attachment 1: Civil Cover Sheet
#2
Aug 23, 2026
Emergency MOTION for Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by STEVENSON JEANTY. (Attachments: # 1 Declaration, # 2 Supplement) (Saleem, Mohammad) (Entered: 08/23/2026)
Main Document: Show Cause
Attachment 1: Declaration
Attachment 2: Supplement
#3
Aug 23, 2026
MOTION for attorney Mohammad Akif Saleem to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9822714) by STEVENSON JEANTY. (Attachments: # 1 Declaration in Support of PHV Motion, # 2 Exhibit "A" in Support of PHV Motion, # 3 Proposed Order granting PHV Motion) (Saleem, Mohammad) (Entered: 08/23/2026)
Main Document: Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Attachment 1: Declaration in Support of PHV Motion
Attachment 2: Exhibit "A" in Support of PHV Motion
Attachment 3: Proposed Order granting PHV Motion
#4
Aug 24, 2026
Show Cause
Main Document: Show Cause
#5
Aug 24, 2026
MEMORANDUM OF LAW in Support re 4 Motion for Order to Show Cause, filed by STEVENSON JEANTY. (jd) (Entered: 08/25/2026)
Main Document: MEMORANDUM
Aug 24, 2026
CLERK'S REQUEST FOR CORRECTIVE ACTION re 3 MOTION for attorney Mohammad Akif Saleem to Appear Pro Hac Vice, ).ERROR: NO CASE NUMBER.CORRECTION REQUIRED: Filer is directed to file the document with ADDING CASE NUMBER TO THE CAPTION, using the ERRATA event. (jd)
Aug 24, 2026
Judge Stephanie L. Haines added. (jd)
Aug 24, 2026
CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 Emergency MOTION for Order to Show Cause for Preliminary Injunction and Temporary Restraining Order.ERROR: Document should have been filed as two separate documents ATTACHMENT NUMBER 2 (MEMORANDUM OF LAW ) should be filed as a SEPARATE DOCUMENT, not as an attachment to the motion..CORRECTION REQUIRED: FILER ADVISED TO REFILE DOCUMENT AS A SEPARATE ENTRY, ADDING THE CASE NUMBER TO THE CAPTION (jd)
Aug 24, 2026
CLERK'S REQUEST FOR CORRECTIVE ACTION re 2 Emergency MOTION for Order to Show Cause for Preliminary Injunction and Temporary Restraining Order.ERROR: NO CASE NUMBER, NO PROPOSED ORDERFiler did not attach a Proposed Order as required by LCvR 7.CORRECTION REQUIRED: Filer is directed to file the document with a CASE NUMBER using the Errata event, and attaching a PROPOSED ORDER (jd)
#6
Sep 02, 2026
Second MOTION for attorney Mohammad Akif Saleem to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9851344) by STEVENSON JEANTY. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Proposed Order) (Saleem, Mohammad) (Entered: 09/02/2026)
Main Document: Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
#7
Sep 03, 2026
ORDER granting 6 Motion for Mohammad Akif Saleem to Appear Pro Hac Vice on behalf of Petitioner Stevenson Jeanty. Signed by Judge Stephanie L. Haines on 9/3/2026. (dlg) (Entered: 09/03/2026)
Main Document: Order on Motion to Appear Pro Hac Vice
#8
Sep 04, 2026
TEXT ORDER - Petitioner's 4 Motion for Temporary Restraining Order is DENIED. Petitioner seeks to enjoin transfer from the Moshannon Valley Processing Center, restrain Respondents from effectuating his removal pending the proceedings in this case without 72-hours notice, stay Petitioner's final order of deportation, schedule a bond hearing for Petitioner, and immediately release Petitioner. This Court lacks authority to grant that relief as the places of detention for aliens pending removal is left to the discretion of the Attorney General. 8 U.S.C. § 1231(g)(1); see Sinclair v. Atty Gen., 198 F. Appx 222 n.3 (3d Cir. 2006). And, in 8 U.S.C. § 1231(g)(1), Congress clearly set forth that: "[t]he Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal." In this way, § 1231(g)(1) establishes that:[T]he place of detention is left to the discretion of the Attorney General. See 8 U.S.C. § 1231(g)(1) ("The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal."); Gandarillas-Zambrana v. BIA, 44 F.3d 1251, 1256 (4th Cir.1995) ("The INS necessarily has the authority to determine the location of detention of an alien in deportation proceedings... and therefore, to transfer aliens from one detention center to another."); Rios Berrios v. INS, 776 F.2d 859, 863 (9th Cir.1985) ("We are not saying that the petitioner should not have been transported to Florida. That is within the province of the Attorney General to decide."); Sasso v. Milhollan, 735 F.Supp. 1045, 1046 (S.D.Fla.1990) (holding that the Attorney General has discretion over location of detention). Sinclair v. Attorney General of U.S., 198 F. Appx 218, 222 n.3 (3d Cir. 2006). See Calla-Collado v. Attorney General of U.S., 663 F.3d 680, 685 (3d Cir. 2011) ("Congress has vested the Department of Homeland Security ("DHS") with authority to enforce the nation's immigration laws. Thus, as a part of DHS, ICE 'necessarily has the authority to determine the location of detention of an alien in deportation proceedings and therefore, to transfer aliens from one detention center to another.'") (quoting Gandarillas-Zambrana v. Bd. Of Immigration Appeals, 44 F.3d 1251, 1256 (4th Cir. 1995)). To the extent Petitioner asks the Court to stay execution of his final order of removal or require Respondents to provide seventy-two hours' notice before taking action to effectuate that order, the Court lacks jurisdiction to grant such relief. See 8 U.S.C. § 1252(g); Tazu v. AG United States, 975 F.3d 292, 29699 (3d Cir. 2020). Section 1252(g) deprives district courts of jurisdiction over claims arising from the Government's decision or action to execute a removal order, and Petitioner cannot avoid that limitation by characterizing the requested restraint as a notice requirement. Additionally, Petitioner's request for immediate release or, alternatively, an order compelling a bond hearing within three days, goes beyond the "limited nature of a [T.R.O.]" and instead requests "mandatory, affirmative relief[,]" which may not be afforded via a T.R.O. Hope v. Warden York County Prison (Hope I), 956 F.3d 156, 162 (3d Cir. 2020) (finding that where the district court purported to enter an ex parte T.R.O. but directed the release of twenty petitioners, the relief altered the status quo, exceeding the temporary and limited nature of a [T.R.O.]) (citing Granny Goose Foods Inc. v. Brotherhood of Teamsters and Auto Truck Drivers Local, 415 U.S. 423, 439 (1974)). Therefore, because this Court lacks jurisdiction to enjoin Respondents from transferring Petitioner or interfering with removal proceedings, it will DENY Petitioner's request for a T.R.O. This Order does not resolve Petitioner's request for a preliminary injunction or the merits of his Petition for Writ of Habeas Corpus, which will be addressed after Respondents have had an opportunity to respond. Signed by Judge Stephanie L. Haines 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. (dlg) (Entered: 09/04/2026)
#9
Sep 04, 2026
CASE MANAGEMENT ORDER: The Court orders as follows: 1. Service. Petitioner's counsel shall serve Respondents with a copy of this order and the Petition via a single e-mail at: usapaw.civ.imm.2241.moshannon@usdoj.gov. The subject line of the email shall contain the case caption and case number of this case. If the Petition contains voluminous exhibits, they need not be emailed. The email service shall be deemed sufficient to accomplish formal service of the Petition. No other documents, pleadings, or motions may be emailed to this email address. 2. Certificate of compliance of service. Upon completion of service via e-mail as reflected in Paragraph 1, Petitioner's counsel shall file a notice of compliance, certifying the date and time of service. 3. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of the filing of Petitioner's Certificate of Compliance of Service. 4. Respondents' responses to the petition. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Responses are limited to 25 pages, double-spaced. 5. Petitioner's reply in support of the petition. Petitioner shall file any reply in support of the petition within 5 days of the filing of Respondents' response to the petition. The Reply is limited to 5 pages, double-spaced. Signed by Judge Stephanie L. Haines on 9/4/2026. (dlg) (Entered: 09/04/2026)
Main Document: Case Management Order
Sep 04, 2026
Order on Motion to Appear Pro Hac Vice AND Order on Motion to Show Cause
#10
Sep 08, 2026
CERTIFICATE of Compliance re 9 Case Management Order,,,,, by Mohammad A Saleem on behalf of STEVENSON JEANTY (Saleem, Mohammad) (Entered: 09/08/2026)
Main Document: CERTIFICATE