Western District of Pennsylvania • 3:26-cv-02127

#1

Nov 03, 2026

First PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9992778), filed by Moustafa Mohamed. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A ICE Online Detainee Locator, # 3 Exhibit B Notice to Appear, # 4 Exhibit C Interim Notice Authorizing Parole, # 5 Exhibit D Form I-830, # 6 Exhibit E Form I-830) (Bishara, Sherif) (Entered: 11/03/2026)

#2

Nov 03, 2026

First MOTION for attorney Sherif Bishara to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9992793) by Moustafa Mohamed. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Exhibit A, # 4 Exhibit B) (Bishara, Sherif) (Entered: 11/03/2026)

#3

Nov 03, 2026

First MOTION for Temporary Restraining Order by Moustafa Mohamed. (Attachments: # 1 Proposed Order) (Bishara, Sherif) (Entered: 11/03/2026)

#4

Nov 04, 2026

ORDER GRANTING 2 Motion for Sherif Bishara to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 11/4/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 11/04/2026)

#5

Nov 04, 2026

ORDER DIRECTING RESPONDENTS TO SHOW CAUSE, DIRECTING THE ENTRY OF APPEARANCE FOR RESPONDENTS, PROVIDING NOTICE OF SERVICE, DIRECTING FURTHER PROCEEDINGS AND FILINGS, AND ADDRESSING OTHER REQUESTS FOR RELIEF. Counsel for Respondents shall file a notice of appearance within 3 days of this Order. In light of the caselaw set forth above, Respondents are further 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 if prior to the date of this Order, a bond hearing as to Petitioner's custody has not been completed with a bond/release decision by an Immigration Judge. In such filing the Respondents shall also confirm: (1) the statutory basis for Petitioner's initial and continued detention; (2) if Petitioner is detained under § 1226(a), that Respondents have relied upon the requisite warrant required by law for Petitioner's continued detention; (3) if Petitioner is detained under § 1226(a), Respondents shall provide a copy of the I-286 Notice of Custody Determination completed at the outset of Petitioner's detention. If Petitioner has requested an Immigration Judge conduct a bond hearing to review Petitioner's initial custody determination, Respondents shall confirm (a) the date which such bond hearing has been or will be held and (b) the date which the scheduling of such bond hearing occurred; (4) if Petitioner is detained under § 1226(a), but has not received a Notice of Custody Determination or a bond hearing prior to the filing of the instant Petition, (a) the legal basis for Petitioner's detention without a bond hearing as required by § 1226(a) and the Due Process Clause of the Constitution as outlined in Buele Morocho, and (b) the appropriate remedy for any violation the Court may determine has occurred based on Respondents' compliance with the foregoing principles. Signed by Judge Mark R. Hornak on 11/4/26. (bdb) (Entered: 11/04/2026)

#6

Nov 04, 2026

ORDER DENYING ECF No. 3 Motion for Temporary Restraining Order (T.R.O). To obtain a T.R.O., "a petitioner must show that: (1) he is likely to succeed on the merits, (2) denial will result in irreparable harm to the petitioner, (3) granting the injunction will not result in irreparable harm to the respondent(s), and (4) granting the injunction is in the public interest." De Los Santos v. Noem, No. 3:25-cv-390, 2025 WL 4111128, at *1, (W.D. Pa. Nov. 25, 2025)(citing Maldonado v. Houston, 157 F.3d 179, 184 (3d Cir. 1998)). Petitioner argues he will suffer an irreparable injury if Respondents are not enjoined from transferring Petitioner to a different detention center. ECF No. 3. While Petitioner is guaranteed the right of counsel at his deportation proceedings, this right does not include "the right to be detained where he believes his ability to obtain representation... would be most effective." Calla-Collado v. Att'y Gen., 663 F.3d 680, 685 (3d Cir. 2011). Petitioner's current argument that he will suffer imminent, irreparable harm if transferred from his current detention center is on the facts and procedural posture currently before the Court insufficient to support granting a T.R.O or preliminary injunction enjoining his transfer at this time. The Court, therefore, denies the Motion for a TRO and Preliminary Injunction without prejudice. Signed by Judge Mark R. Hornak on 11/4/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 11/04/2026)

#7

Nov 04, 2026

Remark: ECF Nos. 1 and 5 emailed to usapaw.civ.imm.2241.moshannon@usdoj.gov. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 11/04/2026)

Nov 04, 2026

Order on Motion for TRO

Nov 04, 2026

Order on Motion to Appear Pro Hac Vice

Nov 04, 2026

Judge Mark R. Hornak presiding. (ljs)