Western District of Texas • 5:26-cv-01166
Barry v. Acting Director of ICE
Active
Case Information
Filed: February 17, 2026
Assigned to:
Xavier Rodriguez
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
September 15, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 17, 2026
Petition for Writ of Habeas Corpus, filed by Alpha Oumar Barry. (Attachments: # 1 Civil Cover Sheet, # 2 Copy of Envelope)(dtg) (Entered: 02/25/2026)
Main Document:
Petition for Writ of Habeas Corpus
Feb 17, 2026
THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (dtg)
Feb 17, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer. (dtg)
Feb 24, 2026
To be Referred to SA Mag Judge
Feb 24, 2026
Remark (No Doc#)
#2
Feb 25, 2026
Case Opening Letter to Alpha Oumar Barry. (dtg) (Entered: 02/25/2026)
Main Document:
Case Opening Letter
#3
Feb 26, 2026
ORDER FOR SERVICE--It is hereby ORDERED that the Clerk of Court shall furnish the Office of the United States Attorney in San Antonio, Texas, with copies of the Petition for Writ of Habeas Corpus (ECF No. 1) and this Order. It is FURTHER ORDERED that the Clerk of Court shall serve Respondent Warden with copies of the Petition for Writ of Habeas Corpus (ECF No. 1) and this Order. It is FURTHER ORDERED that Respondents shall file a response to the Petition within five (5) days of the date of service.. Signed by Judge Xavier Rodriguez. (vl) (Entered: 02/27/2026)
Main Document:
Order
#4
Feb 27, 2026
Certified Mail Receipt of 3 Order,, 1 Petition for Writ of Habeas Corpus (vl) (Entered: 02/27/2026)
Main Document:
Certified Mail Receipt
#9
Mar 03, 2026
Filing fee received in the amount of $5.00, receipt number 10117 (mgr) (Entered: 03/27/2026)
Main Document:
Filing Fee Received
#6
Mar 09, 2026
Certified Mail Receipt delivered Stephanie Rico of 4 Certified Mail Receipt (vl) (Entered: 03/17/2026)
Main Document:
Certified Mail Receipt
#7
Mar 09, 2026
Certified Mail Receipt delivered Warden South Texas Ice Processing Center of 4 Certified Mail Receipt (vl) (Entered: 03/17/2026)
Main Document:
Certified Mail Receipt
#5
Mar 10, 2026
RESPONSE to Petition to 1 Petition for Writ of Habeas Corpus by Acting Director of ICE, DHS Office. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cordova, Anne Marie) (Entered: 03/10/2026)
Main Document:
Response
#8
Mar 23, 2026
REPLY to 5 Response by Alpha Oumar Barry. (vl) (Entered: 03/25/2026)
Main Document:
Response
#10
Apr 22, 2026
MOTION for Prompt Disposition of Habeas Petition by Alpha Oumar Barry. (vl) (Entered: 04/28/2026)
Main Document:
Miscellaneous Relief
May 19, 2026
Order on Motion for Miscellaneous Relief
May 19, 2026
Text Order DENYING 10 Motion for Prompt Disposition of Habeas Petition entered by Judge Xavier Rodriguez. This case presents novel or fact-intensive issues not previously addressed by this Court. This Court has received hundreds of habeas corpus petitions in recent months. The Petition will be assessed, and the Court will rule on it, in due course. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
#12
Jul 06, 2026
EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION by Alpha Oumar Barry. (bt) (Entered: 07/13/2026)
Main Document:
Temporary Restraining Order
#11
Jul 07, 2026
ORDER FOR OMNIBUS ADVISORY. Signed by Judge Xavier Rodriguez. (r013) (Entered: 07/08/2026)
Main Document:
Order
#13
Jul 13, 2026
ORDER VACATING re 11 Order for Omnibus Advisory and Order for ExParte Advisory. Signed by Judge Xavier Rodriguez. (r013) (Entered: 07/14/2026)
Main Document:
Order
Jul 13, 2026
Order on Motion for TRO
Jul 13, 2026
Text Order DENYING 12 Motion for TRO entered by Judge Xavier Rodriguez. This case presents novel or fact-intensive issues not previously addressed by this Court. This Court has received hundreds of habeas corpus petitions in recent months. The Petition will be assessed, and the Court will rule on it, in due course.(This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
#14
Aug 13, 2026
MOTION to Appoint Counsel by Alpha Oumar Barry. (bt) (Entered: 08/17/2026)
Main Document:
Appoint Counsel
Aug 18, 2026
Order on Motion to Appoint Counsel
Aug 18, 2026
Text Order GRANTING 14 Motion to Appoint Counsel entered by Judge Xavier Rodriguez. Petitioner is proceeding pro se in a case that involves novel or fact-intensive issues not previously considered by this Court in other immigration habeas cases. Considering the complexity of these issues and Petitioners ability to litigate this case from detention, the interests of justice are served by the appointment of counsel to represent Petitioner pursuant to the Criminal Justice Act. See 18 U.S.C. § 3006A(a)(2)(B) (providing for appointment of counsel in habeas petitions filed under 28 U.S.C. § 2241). In accordance with the authority vested in the United States Magistrate Judge pursuant to Local Rule CV-72, and Appendix C, Local Rules for the Assignment of Duties to United States Magistrate Judges, and pursuant to 28 U.S.C. § 636, the instant action is hereby REFERRED to the Duty Magistrate Judge for a determination of eligibility under the Criminal Justice Act and the appointment of counsel to represent Petitioner in this matter. The Magistrate Judge will return the action to this Court after counsel has filed an appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.)
#15
Aug 20, 2026
ORDER APPOINTING Counsel: Duty Pub. Defender-San Antonio for Alpha Oumar Barry., ***Set/Clear Flags. Signed by Judge Richard B. Farrer. (bt) (Entered: 08/20/2026)
Main Document:
Order Appointing Counsel AND ~Util - Set/Clear Flags
#16
Aug 21, 2026
NOTICE of Attorney Appearance by Kristin M. Kimmelman on behalf of Alpha Oumar Barry. Attorney Kristin M. Kimmelman added to party Alpha Oumar Barry(pty:pet) (Kimmelman, Kristin) (Entered: 08/21/2026)
Main Document:
Notice of Attorney Appearance
#18
Sep 01, 2026
ORDER APPROVING CJA ELIGIBILITY--Having carefully considered Petitioners Financial Affidavit, Dkt. No. 17, IT IS ORDERED that Petitioner is financially eligible and that the interests of justice require appointment of counsel for Petitioner under the Criminal Justice Act. Having considered and acted upon all matters for which the above-entitled and numbered case was referred, it is ORDERED that the above-entitled and numbered case is RETURNED to the District Court for all purposes.. Signed by Judge Richard B. Farrer. (vl) (Entered: 09/02/2026)
Main Document:
Order AND ~Util - Case No Longer Referred to Magistrate Judge
#19
Sep 15, 2026
Memorandum in Support
Main Document:
Memorandum in Support
Parties
Acting Director of ICE
Party
Barry
Party