Western District of Texas • 5:26-cv-02757

#1

Apr 27, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 11167), filed by Boubacar Barry. (Attachments: # 1 Receipt, # 2 CoverSheet)(r013) (Entered: 04/30/2026)

Apr 27, 2026

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

Apr 27, 2026

Case has been randomly assigned to the docket of Honorable Judge Fred Biery. (kc)

#2

Apr 30, 2026

Case Opening Letter mailed to Boubacar Barry. (kc) (Entered: 04/30/2026)

Apr 30, 2026

Case Assigned/Reassigned

Apr 30, 2026

To be Referred to SA Mag Judge

#3

May 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 thirty (30) days of the date of service. The response must identify: (1) Petitioners alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioners 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 Petitioners previous release into the interior; and (4) Petitioners 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 thirty (30) days after the Respondents file their answers/responses. Signed by Judge Fred Biery. (md) (Entered: 05/27/2026)

May 27, 2026

Order

#4

Jun 26, 2026

RESPONSE TO PETITION by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cordova, Anne Marie) (Entered: 06/26/2026)

#5

Jul 09, 2026

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

#6

Jul 13, 2026

ORDER VACATING re 5 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)

#7

Jul 20, 2026

REPLY to 4 Response by Boubacar Barry. (cih) (Entered: 07/23/2026)

#8

Aug 24, 2026

NOTICE of Change of Address by Boubacar Barry (cih) (Entered: 08/31/2026)

#9

Sep 08, 2026

MOTION to Appoint Counsel by Boubacar Barry. (vl) (Entered: 09/09/2026)

Sep 14, 2026

Text Order DENYING 9 Motion to Appoint Counsel entered by Judge Fred Biery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md)

Sep 14, 2026

Order on Motion to Appoint Counsel

#10

Sep 24, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS: Petitioner argues that Petitioner's detention is unlawful and asks the Court to order Petitioner's 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 Petitioner's 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 Boubacar Barry 245556364 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: 09/24/2026)

#11

Sep 24, 2026

JUDGMENT. Signed by Judge Fred Biery. (cih) (Entered: 09/24/2026)

Sep 24, 2026

Order

#12

Sep 28, 2026

Status Report