ALZAKHONOV v. ODDO et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DMITRII ALZAKHONOV
Petitioner,
vs.
LEONARD ODDO, et al.,
Respondents.
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3:26-cv-01946-MJH
ORDER
Petitioner's Motion for Temporary Restraining Order is DENIED in part and GRANTED
in part. Petitioner requests a Court Order requiring Respondents to provide 72-hour notice before
moving Petitioner outside of the District (absent a medical emergency). In the alternative,
Petitioner seeks to enjoin transfer outside of the Western District of Pennsylvania. This Court
lacks authority to grant the requested relief, as the places of detention, and timing of movement,
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). Congress has
"limited federal district courts' jurisdiction to review decisions or actions made pursuant to the
sound discretion of DHS officials[.]" Jane v. Rodriguez, No. CV 20-5922 (ES), 2020 WL
10140953, at *1 (D.N.J. May 22, 2020). 8 U.S.C. § 1252(a)(1)(B)(ii) provides that "no court
shall have jurisdiction to review any decision or action of the Attorney General or the Secretary
of Homeland Security the authority for which is specified under this subchapter to be in the
discretion of the Attorney General or the Secretary of Homeland Security...." In Khalil v.
President, United States, No. 25-2162, 2026 WL 111933, at *1 (3d Cir. Jan. 15, 2026), the Third
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Circuit held that the District Court lacks jurisdiction over any action or proceedings brought to
remove an alien from the United States. Therefore, Petitioner’s TRO is DENIED to the extent
that the Court lacks jurisdiction to order a 72-hour advance notice before transfer and it lacks
jurisdiction to enjoin transfer proceedings.
Petitioner’s TRO is GRANTED to the extent that the Court ORDERS that, pending a
decision on Petitioner’s Habeas Petition, if Petitioner is moved from the Moshannon Valley ICE
Processing Center Respondents are directed to file a Notice on the record advising of petitioner’s
new location.
BY THE COURT:
DATED: October 13, 2026 	______________________________
Marilyn J. Horan
United States District Judge
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