Western District of Pennsylvania • 3:26-cv-02120

#1

Nov 02, 2026

Emergency PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9989187), filed by VALENTINA PEREZ TABARES. (Attachments: # 1 Civil Cover Sheet) (Lahoud, Raymond) (Entered: 11/02/2026)

#2

Nov 02, 2026

Emergency MOTION for Temporary Restraining Order (Verified) by VALENTINA PEREZ TABARES. (Lahoud, Raymond) (Entered: 11/02/2026)

#3

Nov 02, 2026

ORDER DENYING 2 Emergency Motion for Temporary Restraining Order. In the 2 Motion, Petitioner seeks an order enjoining Respondents from transferring Petitioner outside of the Western District of Pennsylvania. ECF No. 2 at 1-2. Specifically, Petitioner asks the Court to enjoin Respondents from transferring Petitioner from her current place of detention at the Cambria County Prison. ECF No. 2 at 1. 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). And Congress has vested the Department of Homeland Security (DHS) with the discretion to set the place of detention. 8 U.S.C. § 1231(g)(1); Sinclair v. Att'y Gen., 198 F. App'x 218, 222 n.3 (3d Cir. 2006) (collecting cases). Within DHS's discretion is the authority 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' 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). Consistent with this authority, this Court concludes that it lacks jurisdiction to enjoin Petitioner's transfer. Accordingly, the 2 Emergency Motion for Temporary Restraining Order is DENIED. Signed by Judge Christy Criswell Wiegand on 11/2/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Wiegand, Christy) (Entered: 11/02/2026)

Nov 02, 2026

Judge Christy Criswell Wiegand presiding. (dmh)

Nov 02, 2026

Order on Motion for TRO

#4

Nov 03, 2026

CASE MANAGEMENT ORDER. Signed by Judge Christy Criswell Wiegand on 11/3/2026. (tmc) (Entered: 11/03/2026)