Western District of Pennsylvania • 3:26-cv-01923
NARANJO MURILLO v. ODDO
Active
Case Information
Filed: September 30, 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)
Active
Last Activity:
October 16, 2026
Parties:
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Docket Entries
#1
Sep 30, 2026
Remark: Habeas Petition lodged without Motion for In Forma Pauperis or payment of filing fee (Attachments: # 1 Civil Cover Sheet, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Envelope) (ert) (Entered: 10/01/2026)
Main Document:
Remark:
Sep 30, 2026
Judge J. Nicholas Ranjan presiding. (ert)
#2
Oct 02, 2026
DEFICIENCY ORDER re 1 lodged habeas petition. The habeas petition was submitted without the $5 filing fee or a completed IFP application to waive the fee. The case will be administratively closed until the Clerk of Court receives the filing fee or completed IFP application. More information can be found at the Court's website: https://www.pawd.uscourts.gov. Signed by Judge J. Nicholas Ranjan on 10/2/2026. 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: 10/02/2026)
Oct 02, 2026
Order for Administrative Case Closing
#3
Oct 14, 2026
PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001317), filed by KEVIN A. NARANJO MURILLO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Receipt) (bjr) (Entered: 10/14/2026)
Main Document:
ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
#4
Oct 14, 2026
MOTION for Temporary Restraining Order by KEVIN A. NARANJO MURILLO. (Attachments: # 1 Proposed Order) (bjr) (Entered: 10/14/2026)
Main Document:
Temporary Restraining Order
#5
Oct 15, 2026
ORDER DENYING 4 Motion for Temporary Restraining Order for lack of jurisdiction. Petitioner, a native of Ecuador, is currently detained at Moshannon Valley Correctional Center, and seeks to enjoin Respondent(s) from transferring him to another detention facility or executing a removal order pending resolution of pending administrative processes and the Petition for Writ of Habeas Corpus pending before the Court. Regarding transfer, 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). Within DHS' authority is the ability 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 § 1252(g) of INA, which is identical to jurisdiction-stripping language of § 1252(a)(2)(B)(ii), is not superseded by All Writs Act). Regarding removal, Congress has divested federal courts of authority "to hear any cause or claim by or on behalf of any alien arising from the decision by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter." 8 U.S.C. § 1252(g). The Third Circuit has concluded, under § 1252(g), that district courts lack jurisdiction to enjoin removal of aliens pending exhaustion of the provisional-waiver and BIA processes. Tazu v. Att'y Gen. United States, 975 F.3d 292, 296-98 (3d Cir. 2020) ("The Attorney General may thus decide to execute Tazu's valid removal order when he chooses. The statute shields that prosecutorial discretion from judicial review apart from a petition for review."). Consistent with this authority, this Court concludes that it lacks jurisdiction to enjoin Petitioner's transfer or removal. Accordingly, IT IS HEREBY ORDERED that Petitioner's 4 Motion is DENIED. Signed by Judge J. Nicholas Ranjan on 10/15/2026. 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: 10/15/2026)
#6
Oct 15, 2026
CASE MANAGEMENT ORDER. Copies of this order and the Petition were emailed by the Court to the USAO. This email service is deemed sufficient to accomplish formal service of the Petition on Respondents. Respondents' counsel shall file a notice of appearance within 3 days of this date. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Petitioner's reply is due within 5 days of Respondents' response. Signed by Judge J. Nicholas Ranjan on 10/15/2026. (pak) (Entered: 10/15/2026)
Main Document:
Case Management Order
Oct 15, 2026
Order on Motion for TRO
#7
Oct 16, 2026
NOTICE of Appearance by Caden Meier on behalf of TODD BLANCHE, MARCOS CHARLES, TODD M. LYONS, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Meier, Caden) (Entered: 10/16/2026)
Main Document:
NOTICE
Parties
NARANJO MURILLO
Party
ODDO
Party