Jose Monge Aviles v. Secretary U.S. Department of Homeland Security, et al
| JOSE RICHARDO MONGE AVILES |
| SECRETARY U.S. DEPARTMENT OF HOMELAND SECURITY, ACTING DIRECTOR U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, DIRECTOR U.S. IMMIGRATION & CUSTOMS ENFORCEMENT PHILADELPHIA FIELD OFFICE, ATTORNEY GENERAL UNITED STATES OF AMERICA and WARDEN LEWISBURG USP |
| 26-2345 |
| June 1, 2026 |
| U.S. Court of Appeals, Third Circuit |
| Habeas Corpus - Alien Detainees |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 17, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
ORDER (SHWARTZ and FREEMAN, Circuit Judges) directing parties to file supplemental letter-briefs addressing the authority question in this Order. The parties' submissions must also address the issue of whether Aviles named the proper respondents in his habeas petition. See Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004) ("[L]ongstanding practice confirms that in habeas challenges to present physical confinement-'core challenges'-the default rule is that the proper respondent is the warden of the facility where the prisoner is being held, not the Attorney General or some other remote supervisory official."); id. at 438 ("[A] habeas petitioner who challenges a form of 'custody' other than present physical confinement may name as respondent the entity or person who exercises legal control with respect to the challenged 'custody.'). The supplemental letter-briefs are due within twenty-one (21) days of the date of this order, and must be no longer than ten (10) single-spaced pages in length. Aviles's transfer from his current detention facility is temporarily proscribed until such time as the Court is able to rule on the pending "stay" motion, following receipt of the parties' supplemental letter-briefs. In providing such temporary administrative relief, we considered whether Aviles satisfied the four-factor test for a stay or injunctive relief, see Nken, 556 U.S. at 434; Osorio-Martinez v. Att'y Gen., 893 F.3d 153, 178 (3d Cir. 2018), and have made a preliminary determination that he sufficiently carried his burden at this stage. Panel No. ALD-161. FREEMAN, Authoring Judge. (JK) [Entered: 07/17/2026 02:11 PM]
|
| Filing 13 ECF FILER: Notice filed by Attorney Laura S. Irwin, Esq. for Appellees Acting Director U.S. Immigration & Customs Enforcement, Attorney General United States of America, Director U.S. Immigration & Customs Enforcement Philadelphia Field Office, Secretary U.S. Department of Homeland Security and Warden Lewisburg USP to withdraw as counsel. Certificate of Service dated 07/16/2026. Service made by ECF. [26-2345]--[Edited 07/17/2026 by JK] (LSI) [Entered: 07/16/2026 03:54 PM] |
| Filing 12 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (JK) [Entered: 07/01/2026 04:46 PM] |
| Filing 11 BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Jose Richardo Monge Aviles due on or before 08/10/2026. Appendix due on or before 08/10/2026. (JK) [Entered: 07/01/2026 04:39 PM] |
| Filing 10 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Jose Richardo Monge Aviles. [26-2345] (SEG) [Entered: 06/30/2026 08:16 PM] |
| Filing 9 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Jose Richardo Monge Aviles advising this court that no transcripts are available. [26-2345] (SEG) [Entered: 06/30/2026 08:14 PM] |
| Filing 8 FOLLOW UP LETTER to Attorney Stephanie E. Gibbs, Esq. for Appellant Jose Richardo Monge Aviles requesting the following document(s): Information Statement on or before 07/13/2026. Transcript Purchase Order on or before 07/13/2026. (JK) [Entered: 06/29/2026 11:05 AM] |
| Filing 7 ECF FILER: Motion filed by Appellant Jose Richardo Monge Aviles to stay removal. Certificate of Service dated 06/05/2026. Service made by ECF. [26-2345] (SEG) [Entered: 06/05/2026 12:33 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Laura S. Irwin on behalf of Appellee(s) Acting Field Office Director Philadelphia Immigration and Customs Enforcement, Attorney General United States of America, Facility Administrator Moshannon Valley Processing Center Secretary U.S. Department of Homeland Security. [26-2345] (LSI) [Entered: 06/01/2026 02:27 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from AUSA Patrick J. Bannon on behalf of Appellee(s) SECRETARY U.S. DEPARTMENT OF HOMELAND SECURITY; ACTING DIRECTOR U.S. IMMIGRATION & CUSTOMS ENFORCEMENT; DIRECTOR U.S. IMMIGRATION & CUSTOMS ENFORCEMENT PHILADELPHIA FIELD OFFICE; ATTORNEY GENERAL UNITED STATES OF AMERICA; WARDEN LEWISBURG USP. [26-2345] (PJB) [Entered: 06/01/2026 01:49 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Stephanie Gibbs on behalf of Petitioner(s) Jose Monge Aviles. [26-2345] (SEG) [Entered: 06/01/2026 12:16 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 06/01/2026 11:11 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 06/01/2026 11:11 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Jose Richardo Monge Aviles in District Court No. 3:26-cv-00301.--[Edited 07/01/2026 by JK] (AMR) [Entered: 06/01/2026 11:01 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
