Western District of Texas • 5:26-cv-01008

#1

Feb 09, 2026

Petition for Writ of Habeas Corpus, filed by Coicou Joseph Walner. (Attachments: # 1 Civil Cover Sheet, # 2 Copy of Envelope)(dtg) (Entered: 02/18/2026)

Feb 09, 2026

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

Feb 09, 2026

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE FRED BIERY. (dtg)

#2

Feb 18, 2026

Case Opening Letter to Coicou Joseph Walner. (dtg) (Entered: 02/18/2026)

Feb 18, 2026

Remark (No Doc#)

Feb 18, 2026

To be Referred to SA Mag Judge

#3

Feb 23, 2026

ORDER OF DEFICIENCY--IT IS THEREFORE ORDERED that within thirty (30) days from the date of this Order, Petitioner must submit to this Court either the required filing fee of $5.00 or motion to proceed IFP, along with a current institutional trust fund account statement showing deposits and balances to his institutional account for the previous six months.. Signed by Judge Fred Biery. (vnd) (Entered: 02/25/2026)

#8

Mar 04, 2026

Filing fee received in the amount of $5.00, receipt number 10154 (mgr) (Entered: 03/27/2026)

#4

Mar 06, 2026

REPLY TO ORDER OF DEFICIENCY to 3 Order, by Coicou Joseph Walner. (vnd) (Entered: 03/11/2026)

#5

Mar 17, 2026

ORDER DIRECTING SERVICE and ANSWER/RESPONSE--IT IS ORDERED that Respondents file an answer or response to the Petition within thirty (30) days from the date of service.. Signed by Judge Fred Biery. (vnd) (Entered: 03/17/2026)

#6

Mar 17, 2026

Certified Mail Receipt of 5 Order, 1 Petition for Writ of Habeas Corpus (vnd) (Entered: 03/17/2026)

#7

Mar 23, 2026

Certified Mail Receipt delivered Stephanie Rico of 6 Certified Mail Receipt (vl) (Entered: 03/25/2026)

#9

Mar 27, 2026

Certified Mail Receipt delivered to South Texas ICE Processing Center of 6 Certified Mail Receipt (llm) (Entered: 03/31/2026)

#11

Apr 01, 2026

Certified Mail Receipt (re-mailed) of 5 Order, 1 Petition for Writ of Habeas Corpus (mgr) (Entered: 04/01/2026)

#12

Apr 13, 2026

Certified Mail Receipt delivered to Warden of 11 Certified Mail Receipt (llm) (Entered: 04/16/2026)

#13

Apr 20, 2026

RESPONSE Federal Respondents Response to Petition for Writ of Habeas Corpus by Pam Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(May, LaTasha) (Entered: 04/20/2026)

#14

May 04, 2026

REPLY to 13 Response by Coicou Joseph Walner. (vl) (Entered: 05/05/2026)

#15

Jul 09, 2026

ORDER FOR OMNIBUS ADVISORY. Signed by Judge Fred Biery. (r013) (Entered: 07/09/2026)

#16

Jul 13, 2026

ORDER VACATING re 15 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)

#17

Sep 23, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS: Petitioner argues that Petitioners detention is unlawful and asks the Court to order Petitioners release. Respondents have submitted a response in opposition to which Petitioner has replied. After reviewing the briefing, provided evidence, and applicable law, the Court grants the petition based on the law as set out and analyzed in Aguilar-Ramirez v. Mullin, Civil Case No. SA:26-CV-2102-FB (ECF No. 9) (W.D. Tex. Apr. 29, 2026) and numerous other cases decided by the undersigned. While there are differences between this case and Aguilar-Ramirez, none warrant a different result. The Court notes the en banc Fifth Circuit has stayed the district court judgments pending rehearing in Sosnava Rodriguez v. Ortega, 2026 WL 2104747, at *1 (5th Cir. July 21, 2026) (per curiam). To the extent the Government contends that this stay prevents district courts from granting habeas relief while rehearing is pending, the Court disagrees. The Court is unaware of any Fifth Circuit decision or order holding that the stay categorically bars adjudication of, or relief on, such claims. Other courts have continued to consider due process claims under pre-panel-decision analyses, including Barreno Hernandez v. Warden DC Cole, Civil Action No. 5:26-CV-01279, ECF No. 9 at page 5 & n.2 (S.D. Tex. Jul. 24, 2026). Absent further Fifth Circuit guidance, the stay in Sosnava Rodriguez does not preclude habeas relief on Petitioners due process claim. For reasons previously stated in Aguilar-Ramirez, the Court finds that (1) it has jurisdiction to consider the arguments presented in the instant habeas petition; (2) any asserted failure to exhaust administrative remedies is excused; (3) Respondents have violated Petitioner's right to due process under the Fifth Amendment; and (4) the appropriate remedy is release. The Court treats the instant action solely as a habeas action under 28 U.S.C. § 2241 and declines to consider Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM (C.D. Cal. Dec. 18, 2025), or other challenges presented. Under the facts and circumstances of this case, this Court concludes Petitioner's detention is unlawful, and habeas relief is proper. IT IS THEREFORE ORDERED that the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF No. 1) is GRANTED such that: Respondents are ORDERED to RELEASE Petitioner Coicou Joseph Walner 233224010 from custody, under reasonable conditions of supervision, to a public place no later than September 26, 2026. The imposed reasonable conditions of supervision shall be no more restrictive than those in place before the detention at issue. Respondents shall FILE a status report no later than September 27, 2026, confirming that Petitioner has been released. A written final judgment will be issued separately to summarize the orders of the Court and to close this habeas case. Signed by Judge Fred Biery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (swt) (Entered: 09/23/2026)

#18

Sep 23, 2026

JUDGMENT. Signed by Judge Fred Biery. (cih) (Entered: 09/23/2026)

Sep 23, 2026

Order

#19

Sep 25, 2026

TEXT ORDER EXTENDING Respondents deadline to FILE a status report confirming that Petitioner has been released to September 29, 2026. Signed by Judge Fred Biery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (swt) (Entered: 09/25/2026)

Sep 25, 2026

Order

#20

Sep 28, 2026

STATUS REPORT RESPONDENTS STATUS REPORT by Pam Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit A)(Playton, Christina) (Entered: 09/28/2026)