Western District of Texas • 5:26-cv-00891

#1

Feb 04, 2026

Petition for Writ of Habeas Corpus, filed by Abdekerim Abdallah-Hamad. (Attachments: # 1 Civil Cover Sheet, # 2 Copy of Envelope).(tt) (Entered: 02/11/2026)

Feb 04, 2026

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

Feb 04, 2026

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

#2

Feb 11, 2026

Case Opening Letter to Abdekerim Abdallah-Hamad. (tt) (Entered: 02/11/2026)

Feb 11, 2026

To be Referred to SA Mag Judge

Feb 11, 2026

Remark (No Doc#)

#3

Feb 17, 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 Attorneyin San Antonio, Texas. Federal Respondents are ORDERED to file a response to the Petition for Writ of Habeas Corpus no later than Tuesday, February 24, 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.. Signed by Judge Jason K. Pulliam. (vl) (Entered: 02/17/2026)

#4

Feb 17, 2026

Certified Mail Receipt of 3 Order,, 1 Petition for Writ of Habeas Corpus (vl) (Entered: 02/17/2026)

#5

Feb 24, 2026

Response

#6

Feb 26, 2026

Filing Fee Received

#7

Mar 09, 2026

Certified Mail Receipt

#8

Apr 08, 2026

Affidavit in Support

#9

May 13, 2026

Advisory to the Court

#10

Jun 25, 2026

Miscellaneous Relief

Jun 26, 2026

Text Order DENYING 10 Motion for Expedited Review or Motion to Expedite. 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)

Jun 26, 2026

Order on Motion for Miscellaneous Relief

#11

Jul 09, 2026

Order

#12

Jul 13, 2026

Order

#13

Aug 04, 2026

TEXT ORDER GRANTING 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 ("SDDO") Israel Crespo. Petitioner has filed several Advisories to the Court. 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, Abdekerim Abdallah Hamad, a native and citizen of Sudan, entered the United States without admission or inspection near Lukeville, Arizona, on or about July 22, 2024, and was placed into expedited removal proceedings. On March 14, 2025, the Immigration Judge denied asylum but granted Withholding of Removal under INA § 241(b)(3) and Withholding of Removal under the Convention Against Torture, and both parties waived appeal, rendering the removal order administratively final. ICE has since sought third country removal, sending Form I 241 requests to Panama, the United Arab Emirates, El Salvador, and Botswana, with the UAE denying acceptance, and later requesting Department of State assistance and evaluating Chad as a potential third country. Despite these efforts, as SDDO Crespo's declaration confirms, Petitioner has now been detained for well over the six month presumptive periodindeed, for at least 570 days, with a final order in place since March 2025and there remains no travel document, no confirmed receiving country, and no concrete timeframe for effectuating removal. On this record, Petitioner has provided "good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future." Zadvydas, 533 U.S. at 701. Respondents rely on SDDO Crespo's declaration to carry their burden, but that declaration, which describes generalized outreach to multiple countries and an ongoing evaluation of Chad, offers no evidence of a realistic prospect of obtaining a travel document or securing acceptance by any third country in the foreseeable future. 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 August 6, 2026, Respondents shall RELEASE Petitioner, Abdekerim AbdallahHamad, 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: 08/04/2026)

#14

Aug 04, 2026

Judgment

Aug 04, 2026

Order

#15

Aug 07, 2026

Status Report