Northern District of Alabama • 2:26-cv-00194

Toshkhua v. Smith

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Case Information

Filed: February 08, 2026
Assigned to: Madeline Hughes Haikala
Referred to: Gray M. Borden
Nature of Suit: Deportation
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: March 02, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 08, 2026
PETITION for Writ of Habeas Corpus, filed by Giorgi Toshkhua. (Attachments: # 1 Exhibits, # 2 Proof of Service, # 3 Civil Cover Sheet)(KNS) (Entered: 02/09/2026)
Main Document: PETITION
#2
Feb 08, 2026
Petitioner's Emergency Motion for Temporary Restraining Order and Preliminary Injunction by Giorgi Toshkhua. (KNS) (Entered: 02/09/2026)
Main Document: Petitioner's
#3
Feb 09, 2026
TEXT ORDER: Today, February 9, 2026, petitioner Giorgi Toshkhua filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. (Doc. 1 ). He filed with his petition a motion for a temporary restraining order. (Doc. 2 ). By February 10, 2026, Mr. Toshkhua shall please either pay the filing of five dollars or file a motion to proceed in forma pauperis. An IFP motion must be verified by an authorized officer of the institution and must be accompanied by a certified copy of prison account statements for the last six months. Signed by Judge Madeline Hughes Haikala on 2/9/2026. (KAM) (Entered: 02/09/2026)
#4
Feb 10, 2026
ORDER: To permit time for the Court to notify the respondents of this matter and to provide an opportunity for briefing and, if necessary, an evidentiary hearing, the Court grants Mr. Toshkhuas request for emergency relief and enjoins the respondents from transporting Mr. Toshkhua outside of the Northern District of Alabama until further order by this Court. The Court is available to conduct a hearing in this matter on Wednesday, February 11, 2026, at 2:00 PM CST in Courtroom 4B of the Hugo L Black U.S. Courthouse. Should the parties wish to proceed on February 11, 2026, they shall please file briefs in support of their positions by February 11, 2026, at 10:00 AM CST. The Clerk of Court shall please serve on the United States Attorney for the Northern District of Alabama a copy of this order, a copy of Mr. Toshkhua's habeas petition and its attachments, and a copy of Mr. Toshkhua's motion for a temporary restraining order and preliminary injunction. Signed by Judge Madeline Hughes Haikala on 2/10/2026. (CLC) (Entered: 02/10/2026)
Main Document: ORDER:
Feb 10, 2026
Filing fee: $ 5.00, receipt number B-22472 (CLC)
#5
Feb 11, 2026
MOTION for Extension of Time to File Response/Reply Brief by Giorgi Toshkhua. (Attachments: # 1 Supplement Certificate of Service)(Lopez Rubio, Daniel) (Entered: 02/11/2026)
Main Document: MOTION
#6
Feb 11, 2026
NOTICE of Appearance by Grace J Posey on behalf of All Defendants (Posey, Grace) (Entered: 02/11/2026)
Main Document: NOTICE
#7
Feb 11, 2026
MOTION for Extension of Time to Respond to Petition by Pamela Bondi, Mellissa Harper, Todd M. Lyons, Kristi Noem, Barry Smith. (Posey, Grace) (Entered: 02/11/2026)
Main Document: MOTION
#8
Feb 11, 2026
TEXT ORDER: On February 10, 2026, the Court entered an order in which it stated that the Court was available on February 11, 2026 to conduct a hearing in this case relating to Mr. Toshkhua's habeas petition and motion for TRO. The Court offered the parties an opportunity to file briefs by 10:00 AM on February 11, 2026 if they wanted to have a hearing today. (Doc. 4 ). The government has filed a motion for additional time to respond to Mr. Toskhua's submissions, (Doc. 7 ), and Mr. Toskhua has requested time to respond to the government's brief, (Doc. 5 ). The Court schedules a telephone conference in this matter for today, February 11, 2026, at 3:00 PM CST to discuss a timeline for briefing. The parties shall please dial (205) 931-0422 and enter access code 27717837 five minutes prior to the scheduled start time to participate in the call. Signed by Judge Madeline Hughes Haikala on 2/11/2026. (KAM) (Entered: 02/11/2026)
Feb 11, 2026
Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 2/11/2026; written order to be entered. (Court Reporter Leah Turner.) (CLC)
#9
Feb 12, 2026
TEXT ORDER: Consistent with the February 11, 2026, telephone conference in this matter, the respondents shall please respond to Mr. Toshkhua's habeas petition and motion for early injunctive relief by Monday, February 23, 2026. Mr. Toshkhua may reply by Monday, March 2, 2026. Without objection from the parties, the TRO entered in this matter, (Doc. 4 ), prohibiting Mr. Toshkhua from being transported outside of the Northern District of Alabama shall remain in effect until Monday, March 12, 2026, at 11:59 PM CST. The Clerk of Court shall please TERM Docs. 5 and 7 as moot. Signed by Judge Madeline Hughes Haikala on 2/12/2026. (CLC) (Entered: 02/12/2026)
#10
Feb 16, 2026
NOTICE of Appearance by Daniel Lopez Rubio on behalf of Giorgi Toshkhua (Lopez Rubio, Daniel) (Entered: 02/16/2026)
Main Document: NOTICE
#11
Feb 19, 2026
MOTION for Leave to Appear Pro Hac Vice by Sergey Risko by Giorgi Toshkhua. (Lopez Rubio, Daniel) Modified on 2/19/2026 (KWC, ). Modified on 2/19/2026 (KWC, ). (Entered: 02/19/2026)
Main Document: MOTION
#12
Feb 19, 2026
TEXT ORDER: The Court grants the pending motion for leave to appear pro hac vice, (Doc. 11 ), contingent upon payment of the $100.00 pro hac vice fee. If fee is not paid within 14 days of entry of this order, then the motion is denied without prejudice. Attorney Sergey Risko added for Giorgi Toshkhua. Signed by Judge Madeline Hughes Haikala on 2/19/2026. (KWC, ) (Entered: 02/19/2026)
Feb 19, 2026
PHV Fee paid: $100, receipt number B-22609 (CLC)
#13
Feb 23, 2026
RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order and re 1 PETITION filed by Pamela Bondi, Mellissa Harper, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit 1 - Notice to Appear, # 2 Exhibit 2 - Form I-213, # 3 Exhibit 3 - EARM, # 4 Exhibit 4 - Warrant for Arrest of Alien)(Posey, Grace) (Entered: 02/23/2026)
Main Document: RESPONSE
#14
Mar 02, 2026
REPLY Brief filed by Petitioner Giorgi Toshkhua re: 13 Response in Opposition to Motion, filed by Giorgi Toshkhua. (Attachments: # 1 Exhibit)(Lopez Rubio, Daniel) (Entered: 03/02/2026)
Main Document: REPLY