Western District of Texas • 5:26-cv-02484

#1

Apr 14, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 11029), filed by Hamid Nabati. (Attachments: # 1 Cover Sheet, # 2 Envelope, # 3 Receipt)(r013) (Entered: 04/20/2026)

Apr 14, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Kelly G. Stephenson (kc)

Apr 14, 2026

Case has been randomly assigned to the docket of Honorable Judge Jason K. Pulliam. (kc)

#2

Apr 20, 2026

Case Opening Letter mailed to Hamid Nabati. (kc) (Entered: 04/20/2026)

Apr 20, 2026

To be Referred to SA Mag Judge

Apr 20, 2026

Case Assigned/Reassigned

#3

Apr 21, 2026

STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (r013) (Entered: 04/21/2026)

#4

Apr 27, 2026

Text ORDER FOR SERVICE of 1 Petition for Writ of Habeas Corpus. It is ORDERED that notice of electronic filing of 1 Petition and this Order to the United States Attorney in San Antonio, Texas shall constitute service on the Federal Respondents and on all Respondents unless otherwise contested. It is FURTHER ORDERED that Respondents shall file a response to the Petition within seven (7) days of the date of service. The response must identify: (1) Petitioner's alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioner's alleged date of entry and statutory basis for removability; (3) any previous immigration detention history, e.g., whether Petitioner has previously been subject to immigration detention and, if so, the approximate date of Petitioner's previous release into the interior; and (4) Petitioner's alleged immigration status, e.g., whether Petitioner has a pending claim for asylum, withholding of removal, or protection under the Convention Against Torture or is subject to a final removal order. It is FURTHER ORDERED that, if Petitioner elects to file a reply, Petitioner may do so no later than seven days after the Respondents file their answers/responses. Signed by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ks1) (Entered: 04/27/2026)

Apr 27, 2026

Order

#5

May 04, 2026

NOTICE of Attorney Appearance by Robert Collins Painter on behalf of Hamid Nabati. Attorney Robert Collins Painter added to party Hamid Nabati(pty:pet) (Painter, Robert) (Main Document 5 replaced on 5/5/2026) (ktm). (Entered: 05/04/2026)

#6

May 04, 2026

Amended Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21876795), filed by Hamid Nabati.(Painter, Robert) (Entered: 05/04/2026)

#7

May 04, 2026

RESPONSE to Petition for Writ of Habeas Corpus (ECF No. 1) and First Amended Petition for Writ of Habeas Corpus (ECF No. 6) by Pamela Bondi, Leticia Diaz, Todd M. Lyons, Acting Director of Immigration and Customs Enforcement, Kristi Noem, Sylvester Ortega, Field Office Director, ICE Enforcement and Removal Operations (San Antonio). (Attachments: # 1 Exhibit)(Krimbill, Gerald) (Entered: 05/04/2026)

#8

May 05, 2026

RESPONSE by Hamid Nabati. (Painter, Robert) (Entered: 05/05/2026)

#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)

#11

Sep 22, 2026

NOTICE Regarding Removal for ICE Online Detainee Locator System by Hamid Nabati (Attachments: # 1 Exhibit Exhbits in Support of Notice)(Painter, Robert) (Entered: 09/22/2026)

#12

Sep 23, 2026

TEXT ORDER GRANTING 6 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 7 response in opposition and Petitioner filed a 8 reply. 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); Marquez-Amaya v. Thompson, No. 5:25-CV-1501-JKP, 2025 WL 3654327, at *5 (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.On or about November 29, 2024, Petitioner entered the United States without inspection, admission, or parole. After serving 100 days in federal prison for improper entry into the United States in violation of 8 U.S.C. § 1325, he was detained by immigration authorities on March 18, 2025. He has had a final order of removal since July 2, 2025. Despite Petitioner's lengthy detention, Respondents have been unable to remove Petitioner to his native country, Iran, even though in December 2025 he was pending escorted commercial air removal scheduling, and he was denied a seat on a Special High Risk Charter on January 17, 2026. As Petitioner has pointed out, diplomatic relations between the United States and Iran are not conducive to his removal to Iran in the reasonably foreseeable future. And nothing of record indicates that the Government is making any effort to remove Petitioner to a third country. 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. Respondents essentially rely on a submitted declaration to carry their burden, but that declaration does not do so on the facts of this case. Under the circumstances of this case, the Court concludes that habeas relief is proper and Zadvydas requires Petitioner's release from the unlawful detention. 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. Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 are not available in habeas corpus proceedings like this one. IT IS HEREBY ORDERED that on or before September 25, 2026, Respondents shall RELEASE Petitioner Hamid Nabati from custody to a public location, under appropriate conditions of release. Respondents must NOTIFY Petitioner's counsel 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 unless Respondents are able to remove Petitioner to his native country Iran before releasing him 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 counsel for Petitioner disagrees with any aspect of the filed Status Report, counsel 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.) (rw) (Entered: 09/23/2026)

#13

Sep 23, 2026

FINAL JUDGMENT. Signed by Judge Jason K. Pulliam. (rqr) (Entered: 09/23/2026)

Sep 23, 2026

Order