Western District of Pennsylvania • 3:26-cv-01983

#1

Oct 13, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 300001312), filed by JOSE LOPEZ PEREZ. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Exhibit, # 4 Envelope) (bjr) (Entered: 10/13/2026)

#2

Oct 13, 2026

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by JOSE LOPEZ PEREZ. (Attachments: # 1 Envelope) (bjr) (Entered: 10/13/2026)

Oct 13, 2026

Judge Stephanie L. Haines presiding. (bjr)

#3

Oct 14, 2026

CASE MANAGEMENT ORDER: The Court orders as follows: 1. Service. The Court hereby notifies Petitioner that copies of this order and the Petition were emailed by the Court to the United States Attorney's Office for the Western District of Pennsylvania this day. This email service is deemed sufficient to accomplish formal service of the Petition on Respondents. 2. Respondents' counsel notice of appearances. Counsel for Respondents shall file a notice of appearance within 3 days of this date. 3. Respondents' response to the petition. The Court has reviewed the petition and supporting materials. The United States Court of Appeals for the Third Circuit issued its precedential decision in Buele Morocho v. Warden Philadelphia FDC, Nos. 26-1150, 26-1454, 2026 WL 2546223 (3d Cir. Aug. 28, 2026). There, the Third Circuit rejected the interpretation of 8 U.S.C. § 1225(b)(2)(A) adopted in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), as applied to noncitizens who entered the United States without inspection, remained in the United States for a period of time, and were later apprehended in the interior. See Buele Morocho, 2026 WL 2546223, at *3, and as more fully stated in said Case Management Order. Signed by Judge Stephanie L. Haines on 10/14/2026. (dlg) (Entered: 10/14/2026)

#4

Oct 15, 2026

TEXT ORDER. Petitioner's 2 Motion for Preliminary Injunction/Temporary Restraining Order is GRANTED in part and DENIED in part. Petitioner seeks to enjoin transfer outside of the Western District of Pennsylvania. 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 also Sinclair v. Atty Gen., 198 F. Appx 222 n.3 (3d Cir. 2006). Additionally, Petitioner's request for immediate release 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)). Thus, the Motion is DENIED as to prohibiting transfer and as to immediate release. The Court grants Petitioners request for expedited review and has issued a case management order contemporaneously with this text order to expedite the process of this case.Signed by Judge Stephanie L. Haines 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. (cag) (Entered: 10/15/2026)

#5

Oct 15, 2026

NOTICE of Appearance by V. Joseph Sonson on behalf of TODD BLANCHE, BRIAN MCSHANE, MARKWAYNE MULLIN, LEONARD ODDO. (Sonson, V.) (Entered: 10/15/2026)

Oct 15, 2026

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

#7

Oct 29, 2026

Order

#8

Oct 29, 2026

Judgment (Rule 58)