Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LEVAN TETELOSHIVILI,
Petitioner,
v.
MICHAEL KUNES, Warden of the
Clinton County Correctional
Facility, et al.,
Respondents.
CIVIL ACTION NO. 3:26-cv-00314
(SAPORITO, J.)
ORDER
On February 8, 2026, the petitioner, appearing through counsel,
filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
Doc. 1. The petitioner alleges that he is being unlawfully detained in
immigration custody, ostensibly pursuant to 8 U.S.C. § 1225(b)(2). For
relief, the petitioner seeks his immediate release from custody.1
On March 2, 2026, the petitioner filed the instant motion for a
temporary restraining order (“TRO”), together with a brief in support and
a proposed order. Doc. 3; Doc. 4; Doc. 5; Doc. 6. The respondent has not
yet been served with original process, nor has he entered an appearance
1 The petitioner contends that he is not properly detained under
§ 1225(b)(2), and that he may only be detained under § 1226(a).
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in this matter.
In his motion for a TRO, the petitioner requests an order directing
the respondent to immediately release him from custodial detention
pending 	adjudication 	of 	his 	habeas 	petition, 	or, 	in 	the 	alternative,
directing 	the 	government 	provide 	him 	with 	an 	individualized 	bond
hearing before an immigration judge.
Although 	the 	motion 	purports to 	seek an 	ex 	parte 	temporary
restraining order, it does not seek merely to preserve the status quo.
Rather, it requests mandatory relief—an order directing the respondent
to take the affirmative step of releasing him from immigration custody or
to provide him with an individualized bond hearing—which we simply
cannot grant ex parte. Moreover, the petitioner has failed to comply with
the procedural requirements for a TRO set forth in Fed. R. Civ. P. 65(b)(1).
Accordingly, IT IS HEREBY ORDERED THAT the petitioner’s
motion for a temporary restraining order (Doc. 3) is DENIED.
Dated: March 4, 2026
	s/Joseph F. Saporito, Jr.
JOSEPH F. SAPORITO, JR.
United States District Judge
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