Western District of Pennsylvania • 3:26-cv-01796

#1

Sep 11, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9871282), filed by Livingstone Ngopang. (Attachments: # 1 Civil Cover Sheet) (Murphy, Joseph) (Entered: 09/11/2026)

#2

Sep 11, 2026

MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction by Livingstone Ngopang. (Attachments: # 1 Proposed Order) (Murphy, Joseph) (Entered: 09/11/2026)

Sep 11, 2026

Judge W. Scott Hardy added. (sms)

#3

Sep 14, 2026

ORDER denying 2 Emergency Motion for Preliminary Relief. Petitioner Livingstone Ngopang filed the instant Motion along with a 1 Petition for Writ of Habeas Corpus. Neither the Petition nor the Motion avers Petitioner's current immigration status nor do these filings supply any supporting documentation. From the face of these filings, Petitioner avers he is a citizen of Cameroon who contends he entered the United States lawfully two years ago pursuant to a visa (though he does not indicate whether such visa remains in effect or whether such visa expired). Petitioner further avers that he filed an I-589 application for asylum and withholding of removing (but does not indicate when such application was filed). Petitioner is now in custody at the Moshannon Valley Processing Center. The Petition argues, inter alia, that he is entitled to immediate release, or a bond hearing. Petitioner's Motion for Preliminary Relief seeks: (1) an order granting immediate release (and an injunctive order preventing re-arrest without notice and hearing) or a prompt bond hearing; (2) enjoining his transfer outside the Western District of Pennsylvania. The Court is compelled to deny this Motion. Petitioner's request for an injunction ordering immediate release or an immediate bond hearing seeks the same substantive relief sought by his Petition. It is affirmative relief, rather than the maintenance of the status quo. An ex parte TRO is not an appropriate avenue for this type of relief. Rather, the Court will give prompt consideration to the merits of the Petition upon the expedited case management schedule that will issue forthwith. The Court lacks the authority to enjoin Petitioner's transfer. 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) see also Khalil v. President, United States, 164 F.4th 259, 271 (3d Cir. 2026). The Court reminds Petitioner's counsel that, by submitting pleadings to this Court, he is certifying that, to the "best of [his] knowledge, information, and belief, formed after an inquiry reasonable under the circumstances[,]" his "claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law[.]" Fed. R. Civ. P. 11(b)(2). Here, there is clear and binding precedent that such relief to enjoin transfer is not available. The Court denies the Motion. Signed by Judge W. Scott Hardy on 9/14/2026. 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: 09/14/2026)

#4

Sep 14, 2026

ORDER DIRECTING RESPONDENTS TO SHOW CAUSE WHY THE PETITION FOR WRIT OF HABEAS CORPUS SHOULD NOT BE GRANTED AND RELEASE ORDER ENTERED, DIRECTING THE ENTRY OF APPEARANCE FOR RESPONDENTS, DIRECTING SERVICE BY PETITIONER, DIRECTING FURTHER PROCEEDINGS AND FILINGS, AND ADDRESSING OTHER REQUESTS FOR RELIEF. Petitioner's counsel shall immediately serve Respondents with a copy of this order and the 1 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 matter. 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. The Court further notes that the United States Court of Appeals for the Third Circuit recently held that the detention of certain noncitizens already present in the United States is generally governed by 8 U.S.C. § 1226(a), which requires a bond hearing, and that detention of noncitizens under § 1226(a) without a bond hearing before a neutral decisionmaker may violate the Due Process Clause of the United States Constitution. Buele Morocho v. Warden Philadelphia FDC, 2026 WL 2546223 (3d Cir. Aug. 28, 2026). See generally Zadvydas v. Davis, 533 U.S. 678 (2001); Mathews v. Eldridge, 424 U.S. 319 (1976). After a careful review of Petitioner's Petition for a Writ of Habeas Corpus, and his 2 Emergency Motion for Preliminary Relief (which this Court denied), this Court preliminarily concludes that it appears that Petitioner's Petition is governed by the principles set out in the above-referenced cases and that the Petitioner has thus far been detained without being provided with such a bond hearing as is required by law. Counsel for Respondents shall file a notice of appearance within 3 days of this order. Respondents are ORDERED to SHOW CAUSE by a filing on the docket of this Court within 7 days of the date of this Order demonstrating good cause as to why the Court should not grant the Petition and order Petitioner's immediate release from detention, unless in such filing the Respondents also confirm that within 21 days of the date of this Order, Respondents will provide Petitioner with a constitutionally compliant bond hearing as set out above. Signed by Judge W. Scott Hardy on 9/14/2026. 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: 09/14/2026)

Sep 14, 2026

Order

Sep 14, 2026

Order on Motion for Preliminary Injunction AND Order on Motion for TRO