Western District of Pennsylvania • 3:26-cv-02088

#1

Oct 29, 2026

Emergency PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9980704), filed by Josue Hernan Guillen Mejia. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Proposed Order) (Kiran, Michael) (Entered: 10/29/2026)

#2

Oct 29, 2026

Emergency MOTION for Temporary Restraining Order by Josue Hernan Guillen Mejia. (Attachments: # 1 Supplement, # 2 Proposed Order) (Kiran, Michael) (Entered: 10/29/2026)

Oct 29, 2026

Judge J. Nicholas Ranjan presiding. (cel)

#3

Oct 30, 2026

ORDER DENYING 2 Motion for Temporary Restraining Order for lack of jurisdiction. Petitioner, a native of Honduras currently detained at Moshannon Valley Correctional Center, seeks temporary release pending the resolution of his habeas petition and to enjoin Respondent(s) from transferring him outside the Western District of Pennsylvania. 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provision in § 1252(g) of INA, which is identical to jurisdiction-stripping language of § 1252(a)(2)(B)(ii), is not superseded by All Writs Act). The same is true for transferring Petitioner via removal proceedings. 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. Regarding Petitioners request for temporary release, the Court concludes release would alter the status quo and thus exceed the scope usually afforded an ex parte TRO. See Hope v. Warden York Cnty. Prison, 956 F.3d 156, 161 (3d Cir. 2020). Accordingly, IT IS HEREBY ORDERED that Petitioner's 2 Motion is DENIED. Signed by Judge J. Nicholas Ranjan on 10/30/2026. 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: 10/30/2026)

#4

Oct 30, 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 10/30/2026. (pak) (Entered: 10/30/2026)

Oct 30, 2026

Order on Motion for TRO

#5

Oct 31, 2026

CERTIFICATE of Compliance by Michael Khan Kiran on behalf of Josue Hernan Guillen Mejia (Kiran, Michael) (Entered: 10/31/2026)