Western District of Texas • 5:26-cv-00325

#1

Jan 12, 2026

Petition for Writ of Habeas Corpus (Filing fee $ 5 receipt number 9603), filed by Khodadadi Arash. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter, # 3 Receipt, # 4 Copy of Envelope). (tt) (Entered: 01/22/2026)

Jan 12, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer. (tt)

Jan 12, 2026

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE JASON K. PULLIAM. (tt)

#2

Jan 22, 2026

Case Opening Letter to Khodadadi Arash. (tt) (Entered: 01/22/2026)

Jan 22, 2026

Remark (No Doc#)

Jan 22, 2026

To be Referred to SA Mag Judge

#3

Jan 23, 2026

ORDER FOR SERVICE--The Court hereby DIRECTS the Clerk of Court to furnish a copy of the Petition and this Order to the Office of the United States Attorney in San Antonio, Texas. Federal Respondents are ORDERED to file a response to the Petition for Writ of Habeas Corpus and motion no later than January 30, 2026, at 1:00 p.m. IT IS FURTHER ORDERED that any possible or anticipated removal or transfer is IMMEDIATELY STAYED until further order from this Court. Respondents shall not transfer the above-named Petitioner outside of this judicial district during the pendency of this litigation and until further Order of this Court allowing removal or transfer. Of course, this stay does not preclude Respondents from taking necessary steps to effect Petitioners removal, it merely stays the physical removal or transfer of Petitioner.. Signed by Judge Jason K. Pulliam. (vl) (Entered: 01/26/2026)

#4

Jan 27, 2026

Certified Mail Receipt of 1 Petition for Writ of Habeas Corpus, 3 Order,,, (vl) (Entered: 01/27/2026)

#5

Jan 29, 2026

RESPONSE to Petition for Writ of Habeas Corpus by Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Ex. A Declaration)(Miller, Kenneth) (Entered: 01/29/2026)

#6

Feb 02, 2026

Certified Mail Receipt returned as delivered of 4 Certified Mail Receipt (vl) (Entered: 02/10/2026)

#7

May 11, 2026

ADVISORY TO THE COURT by Khodadadi Arash. (vl) (Entered: 05/13/2026)

#8

Jun 15, 2026

ADVISORY TO THE COURT by Khodadadi Arash. (vl) (Entered: 06/16/2026)

#11

Jul 06, 2026

AMENDED PETITION FOR HABEAS CORPUS against Kristi Noem, U.S. Department of Homeland Security, Warden of South Texas Detention Center amending 1 Petition for Writ of Habeas Corpus., filed by Khodadadi Arash.(bt) (Entered: 07/13/2026)

#9

Jul 09, 2026

ORDER FOR OMNIBUS ADVISORY. Signed by Judge Jason K. Pulliam. (r013) (Entered: 07/09/2026)

#10

Jul 13, 2026

ORDER VACATING re 9 Order for Omnibus Advisory. Signed by Judge Jason K. Pulliam. (r013) (Entered: 07/13/2026)

#12

Jul 14, 2026

TEXT ORDER Requiring Status Report in light of Petitioners Amended Petition 11 . Respondents must update the Court on removal efforts to Iran since their response filed January 29, 2026, where they indicated removal was significantly likely in the reasonably foreseeable future. Accordingly, the Court directs Respondents to file a Status Report within seven days of the date of this Order regarding the removal status of Petitioner. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lc) (Entered: 07/14/2026)

Jul 14, 2026

Order

#13

Jul 16, 2026

ADVISORY TO THE COURT by Khodadadi Arash. (bt) (Entered: 07/20/2026)

#14

Jul 21, 2026

STATUS REPORT by Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit)(Miller, Kenneth) (Entered: 07/21/2026)

#15

Aug 12, 2026

ADVISORY TO THE COURT by Khodadadi Arash. (bt) (Entered: 08/17/2026)

#16

Aug 17, 2026

MOTION for Immediate Release by Khodadadi Arash. (bt) (Entered: 08/19/2026)

Aug 20, 2026

Order on Motion for Miscellaneous Relief

Aug 20, 2026

Text Order DENYING 16 Motion for Immediate Release or, in the Alternative, a Bond Hearing. This Court has received hundreds of habeas corpus petitions in recent months. This Petition will be assessed, and the Court will issue a ruling, in due course. Signed by Judge Jason K. Pulliam (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)

#17

Sep 16, 2026

ADVISORY TO THE COURT by Khodadadi Arash. (bt) (Entered: 09/22/2026)

#18

Sep 23, 2026

TEXT ORDER GRANTING 11 AMENDED PETITION FOR WRIT OF HABEAS CORPUS. Petitioner asserts that his detention violates 8 U.S.C. § 1231(a)(6) of the Immigration and Nationality Act as interpreted by Zadvydas v. Davis, 533 U.S. 678 (2001). Respondents have submitted a response in opposition supported by the declaration of Supervisory Detention and Deportation Officer Sergio Vasquez. Petitioner thereafter filed an amended petition, several status reports, and a response to Respondents subsequent status report. Respondents later status report is supported by the declaration of Deportation Officer Stephanie Salazar. After reviewing the briefing, provided evidence, and applicable law, the Court grants the petition based on the law as set out and analyzed in Shengelia v. Ortega, No. 5:25 CV 1545 JKP, 2025 WL 3654368 (W.D. Tex. Dec. 16, 2025), and Marquez Amaya v. Thompson, No. 5:25 CV 1501 JKP, 2025 WL 3654327 (W.D. Tex. Dec. 15, 2025). While there are differences between this case and those cited cases, none warrant a different result. For reasons previously stated in those cases, the Court finds that (1) there is no question that Petitioner has been detained longer than the presumptively reasonable six month period recognized in Zadvydas; (2) Petitioner has provided good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future; and (3) Respondents have not responded with evidence sufficient to rebut that showing. Through the circumstances of Petitioner's detention and the undisputed facts, Petitioner has satisfied the requirements of Zadvydas. Petitioner Khodadadi Arash, a native and citizen of Iran, entered the United States without admission or inspection on or about September 16, 2024. ICE took Petitioner into immigration custody on January 16, 2025. On March 12, 2025, an Immigration Judge affirmed USCISs negative credible-fear determination and returned Petitioners case to ICE for removal. Petitioners removal order therefore became final on March 12, 2025. ICE requested travel documents in April 2025 and sent the request to the Interest Section of the Islamic Republic of Iran on May 1, 2025. ICE represents that Petitioner was interviewed by Iranian officials, that his case remained under review in Tehran, and that he was nominated for a seat on a charter flight for Iranian citizens. But Petitioner remains detained more than eighteen months after his removal order became final. Respondents identify no issued travel document, no confirmation that Iran has approved Petitioner for repatriation, no scheduled flight, and no definite timeframe for removal. Petitioner submitted an email from the Interest Section of the Islamic Republic of Iran stating that he is currently not eligible for a TD/Passport due to a lack of documentation. The Interest Section later confirmed that the referenced person was Petitioner. This evidence supports Petitioners claim that the travel-document process has stalled. Respondents assertion that Iran has not formally rejected Petitioner does not sufficiently rebut Petitioners showing when Iran has stated that he is currently ineligible for the document necessary for removal and Respondents offer no concrete evidence of when, or whether, that barrier will be resolved. Under Zadvydas, once an alien provides good reason to believe removal is not reasonably foreseeable, the Government must respond with evidence sufficient to rebut that showing; generalized assurances and a list of past requests are insufficient where detention has already far exceeded the sixmonth presumptive period and removal remains speculative. The circumstances provide good reason to believe that there is no significant likelihood of Petitioner's removal in the foreseeable future, and Respondents have not rebutted that showing. Under the circumstances of this case, the Court concludes that habeas relief is proper and Zadvydas requires Petitioners release from the unlawful detention. Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, are not available in habeas corpus proceedings like this one, and the Court treats the instant action solely as a habeas action under 28 U.S.C. § 2241 and declines to consider any claim other than the alleged Zadvydas violation. IT IS HEREBY ORDERED that, on or before September 25, 2026, Respondents shall RELEASE Petitioner, Khodadadi Arash, from custody to a public location, under appropriate conditions of release. Respondents must NOTIFY Petitioner's counsel, if any, of the exact location and exact time of release as soon as practicable and no less than two hours before release. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED, except that Respondents may effectuate his removal to a third country if they are able to do so in accordance with the timeframe of this Order. No later than the next business day after the ordered release date, Respondents shall FILE a status report to confirm whether Petitioner has been released. If Petitioner disagrees with any aspect of the filed status report, he may file a separate status report. A written final judgment will be issued separately to summarize the orders of the Court and to close this habeas case. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lc) (Entered: 09/23/2026)

#19

Sep 23, 2026

FINAL JUDGMENT in favor of Khodadadi Arash-- 1. On or before September 25, 2026, Respondents shall RELEASE Petitioner Khodadadi Arash from custody to a public location under appropriate conditions of release. 2. Respondents must NOTIFY Petitioners counsel, if any, of the exact location and exact time of release as soon as practicable and no less than two hours before release. 3. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED. 4. No later than the next business day after the ordered release date, Respondents shall FILE a status report to confirm whether Petitioner has been released. Signed by Judge Jason K. Pulliam. (bt) (Entered: 09/23/2026)

Sep 23, 2026

Order

#20

Sep 28, 2026

STATUS REPORT RESPONDENTS STATUS REPORT by Kristi Noem, U.S. Department of Homeland Security. (Vereen, Darryl) (Entered: 09/28/2026)