govinfo:USCOURTS-pawd-3_26-cv-00902-0

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
 
 
MONIPHANE DURANE, ) 
 ) 
 Petitioner, ) 
 ) 
 v. ) 3:26cv902 
 ) Electronic Filing 
LEONARD ODDO, ) 
 ) 
 Respondent. ) 
 
 
MEMORANDUM ORDER 
 
 AND NOW, this 20th day of May, 2026, upon due consideration of petitioner's motion for 
a temporary restraining order, IT IS ORDERED that [2] the motion be, and the same hereby is, 
denied. 
 A case management order has been entered setting this case on track for an expedited 
resolution. To the extent petitioner seeks relief beyond the expedited schedule, petitioner has 
failed to satisfy the procedural and substantive requirements for an ex parte order under Rule 65, 
and the court lacks jurisdiction to enjoin the Department of Homeland Security from transferring 
petitioner under 8 U.S.C. § 1252(a)(2)(B)(ii) in any event. See Calla-Collado v. Attorney 
General of U.S., 663 F.3d 680, 685 (3d Cir. 2011) (“Congress has vested the Department of 
Homeland Security (“DHS”) with authority to enforce the nation’s immigration laws. Thus, as a 
part of DHS, ICE ‘necessarily has the authority to determine the location of detention of an alien 
in deportation proceedings . . . and therefore, to transfer aliens from one detention center to 
another.’”) (quoting Gandarillas-Zambrana v. Bd. Of Immigration Appeals, 44 F.3d 1251, 1256 
(4th Cir. 1995)). 
 
 

2 
 
IT FURTHER IS ORDERED that [2] petitioner's motion for expedited processing is 
granted to the extent it seeks expedited consideration of the petition in a manner consistent with 
the Case Management Order entered in this case and denied in all other aspects. 
 s/David Stewart Cercone 
 David Stewart Cercone 
 Senior United States District Judge 
 
 
cc: MONIPHANE DURANE 
A249 27 369 
MOSHANNON VALLEY PROCESSING CENTER 
555 GEO DRIVE 
PHILIPSBURG, PA 16866 
 
 (Via First Class Mail) 
 

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