Southern District of Texas • 5:25-cv-00207

Hakimi v. Warden Garcia

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Case Information

Filed: November 07, 2025
Assigned to: Diana Saldana
Referred to: Christopher A. dos Santos
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: June 26, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 27, 2025
Petition for Writ of Habeas Corpus (Filing fee $ 5 receipt number 8958), filed by Samir Hakimi. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Copy of Envelope).(tt) (Entered: 11/03/2025)
Main Document: Petition
Oct 27, 2025
If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer. (tt)
Oct 27, 2025
THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE ORLANDO L. GARCIA. (tt)
#2
Nov 03, 2025
Case Opening Letter to Samir Hakimi. (tt) (Entered: 11/03/2025)
Main Document: Case
#3
Nov 04, 2025
ORDER OF TRANSFER--IT IS THEREFORE ORDERED that the abovereferenced cause, Hakimi v. Warden F/N/U Garcia, et al., No. 5:25-CV-01386-OLG, is TRANSFERRED to the United States District Court for the Southern District of Texas, Laredo Division. Signed by Judge Orlando L. Garcia. (bt) (Entered: 11/05/2025)
Main Document: ORDER
#4
Nov 07, 2025
Case transferred in from Texas Western. Case Number 5:25-cv-01386; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 11/07/2025)
Main Document: Case Transferred In - District Transfer
#5
Nov 07, 2025
ORDER REFERRING CASE to Magistrate Judge Christopher dos Santos. (Signed by Judge Diana Saldana) Parties notified. (jb5) (Entered: 11/07/2025)
Main Document: Referring Case to Magistrate Judge (FORM)
#6
Nov 07, 2025
ORDER (Signed by Judge Diana Saldana) Parties notified. (egg5) (Entered: 11/07/2025)
Main Document: Order
Nov 07, 2025
Referral Judge Selected: Magistrate Judge Christopher dos Santos randomly selected to receive referrals. An order or notice of referral of case or motion to follow. (jb5)
Nov 07, 2025
Referral Judge Selected
#8
Nov 13, 2025
NOTICE of Appearance by gabriel abebe on behalf of Department of Homeland Security, Immigration and Customs Enforcement, Kristi Noem, United States Attorney General Pamela Bondi, Warden Garcia, filed. (Abebe, Gabriel) (Entered: 11/13/2025)
Main Document: Notice of Appearance
#9
Nov 17, 2025
MOTION to Dismiss Motions referred to Christopher dos Santos. by Department of Homeland Security, Immigration and Customs Enforcement, Kristi Noem, United States Attorney General Pamela Bondi, Warden Garcia, filed. Motion Docket Date 12/8/2025. (Abebe, Gabriel) (Entered: 11/17/2025)
Main Document: Dismiss
#10
Nov 17, 2025
SEALED EXHIBITS re: 9 MOTION to Dismiss by Department of Homeland Security, Immigration and Customs Enforcement, Kristi Noem, United States Attorney General Pamela Bondi, Warden Garcia, filed. (Attachments: # 1 Exhibit, # 2 Exhibit) (Abebe, Gabriel) (Entered: 11/17/2025)
Main Document: Sealed Exhibits
#11
Nov 17, 2025
PROPOSED ORDER re: 9 MOTION to Dismiss, filed. (Abebe, Gabriel) (Entered: 11/17/2025)
Main Document: Proposed Order
#12
Nov 18, 2025
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (dek4) (Entered: 11/18/2025)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#13
Dec 04, 2025
Certified Mail Receipt Returned from Immigration and Customs Enforcement re: 1 Petition and 6 Order, executed on 11/24/2025 re: 7 Document(s) Sent, - receipt attached, access restricted to court users for privacy reasons -, filed. (scg5) (Entered: 12/04/2025)
Main Document: Certified Mail Receipt Returned
#14
Dec 16, 2025
ORDER. The Court hereby ORDERS Respondents to provide a status update on the progress of Mr. Hakimis case, including whether Afghanistan has issued the required transportation letter and whether any additional steps have been taken. Respondents are ORDERED to submit an advisory on or before December 22, 2025. (Signed by Judge Diana Saldana) Parties notified. (akp5) (Entered: 12/16/2025)
Main Document: Order
#15
Dec 17, 2025
NOTICE of Setting. Parties notified., NOTICE of Setting. Parties notified. Status Conference set for 12/23/2025 at 01:00 PM in Courtroom 3A before Judge Diana Saldana, filed. Petitioner and Attorneys will appear by Video Conference - information on link to be provided. (vrc5) (Entered: 12/17/2025)
Dec 17, 2025
Notice of Setting (FORM, noticing) - Civil AND Notice of Setting (noticing) - Civil
#17
Dec 22, 2025
Certified Mail Receipt Returned from Department of Homeland Security re: 6 order, executed on 12/11/2025 re: 7 Document(s) Sent, - receipt attached, access restricted to court users for privacy reasons -, filed. (scg5) (Entered: 12/22/2025)
Main Document: Certified Mail Receipt Returned
#18
Dec 22, 2025
ADVISORY by Department of Homeland Security, Immigration and Customs Enforcement, Kristi Noem, United States Attorney General Pamela Bondi, Warden Garcia, filed. (Abebe, Gabriel) (Entered: 12/22/2025)
Main Document: Advisory
Dec 23, 2025
Status Conference
Dec 23, 2025
Minute Entry for proceedings held before Judge Diana Saldana. STATUS CONFERENCE held on 12/23/2025. Defendant sworn. The petitioner has filed a petition pro-se. The Court inquires if the petitioner has found an attorney to help him with this case. Mr. Samir Hakimi informs he has been in custody since November 2024, and is asking for an attorney to be appointed to help him with this case. The Respondent is trying to remove the petitioner back to Afghanistan. Petitioner Hakimi addresses the Court. The Court understands the petitioner has been in custody for some time but before the Court can appoint an attorney for the petitioner - she must confirm if the defendant has any funds to hire an attorney. Petitioner Hakimi informs he has not had the ability to make money while he has been in custody and informs he does not have property or assets in the United States. AUSA Adebe informs they have filed a status informing they have not heard back from Afghanistan as to the transportation letter, informs the A-File is also being reviewed. The Court finds that the petitioner does qualify for a CJA attorney and an attorney will be appointed. Once an attorney has been appointed, the attorney will reach out to the petitioner to help him navigate this process. The Petitioner is informed that this case is being monitored and understands that this is a very difficult situation, but does believe that the issue that needed to be addressed was taken care of at todays hearing. TIME: 1:07 PM - 1:25 PM. Appearances:AUSA Gabriel Abebe for the Respondent, Petitioner Samir Hakimi (from the LaSalle Facility); Farsi Interpreter: Dr. Aslan Aslanian. All parties appearing by zoom with permission from the Court. (ERO:Ben Mendoza), filed. (vrc5)
Dec 29, 2025
***Delivery Confirmation re: 16 Date Recived 12/22/2025. Document(s) Sent, filed. (akp5)
Dec 30, 2025
Delivery Confirmation
#19
Jan 22, 2026
NOTICE of Appearance by Micah M. Doak, Evan P. Singer, Piper S. Replogle on behalf of Samir Hakimi, filed. (Replogle, Piper) (Entered: 01/22/2026)
Main Document: Notice of Appearance
#20
Jan 23, 2026
ORDER. Accordingly, the Court enters the below unopposed scheduling order:Petitioner is ORDERED to file his Amended Petition on or before February 6, 2026. Respondents are ORDERED to respond by February 20, 2026. Petitioner is ORDERED to reply by February 27, 2026. (Signed by Judge Diana Saldana) Parties notified. (akp5) (Entered: 01/23/2026)
Main Document: Order
#21
Feb 06, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-35043472) filed by Samir Hakimi. (Attachments: # 1 Exhibit IJ order redacted, # 2 Exhibit Signed Declaration- redacted, # 3 Exhibit ICE Directive, # 4 Exhibit DHS Memo, # 5 Exhibit ICE Directiive, # 6 Exhibit Letter from Senator Warren to K. Noem, # 7 Exhibit Pena Declaration, # 8 Exhibit Decision to Continue Detention - Redacted, # 9 Exhibit Advisory) (Replogle, Piper) (Entered: 02/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#22
Feb 06, 2026
First MOTION for Order to Show Cause as to Why he has been detained for more than six months.Motions referred to Christopher dos Santos. by Samir Hakimi, filed. Motion Docket Date 2/27/2026. (Attachments: # 1 Proposed Order Proposed order) (Replogle, Piper) (Entered: 02/06/2026)
Main Document: Show Cause
#23
Feb 06, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 02/06/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#24
Feb 06, 2026
ORDER Granting in Part 22 First MOTION for Order to Show Cause as to Why he has been detained for more than six months. Respondents are hereby ORDERED to show cause and submit a response and serve it on Petitioner no later than February 13, 2026, which is between the three-to-twenty day time period contemplated by 28 U.S.C. § 2243. Petitioner may file a reply to Respondents response on or before February 20, 2026.In order to maintain the status quo while the Court considers Petitioners habeas petition and to preserve this Courts jurisdiction, it is further ORDERED that Respondents may not transfer Petitioner outside of this Courts jurisdiction, and Respondents must provide at least ten (10) days written notice, including the name of the proposed country of removal and confirmationthat the third country has agreed to accept the individual Petitioner, to Petitioner, their undersigned counsel, and this Court, prior to removal. (Signed by Judge Diana Saldana) Parties notified. (rlt5) Modified on 2/6/2026 (rlt5). (Entered: 02/06/2026)
Main Document: Order
#25
Feb 09, 2026
ORDER. Respondents are hereby ORDERED to show cause and submit a response and serve it on Petitioner no later than February 13, 2026, which is between the three-to-twenty-day time period contemplated by 28 U.S.C. § 2243. Petitioner may file a reply to Respondents response on or before February 20, 2026. (Signed by Judge Diana Saldana) Parties notified. (akp5) (Entered: 02/09/2026)
Main Document: Order
#26
Feb 10, 2026
Request for Issuance of Summons as to Miguel Vergara, filed. (Replogle, Piper) Modified on 2/10/2026 (djm5). (Entered: 02/10/2026)
Main Document: Summons - Request for Issuance
#27
Feb 11, 2026
Summons Issued as to Miguel Vergara. Issued summons delivered to plaintiff by NEF, filed. (scg5) (Entered: 02/11/2026)
Main Document: Summons Issued/Not Issued
#28
Feb 13, 2026
MOTION for Summary Judgment Motions referred to Christopher dos Santos. by Department of Homeland Security, Immigration and Customs Enforcement, Kristi Noem, United States Attorney General Pamela Bondi, filed. Motion Docket Date 3/6/2026. (Attachments: # 1 Proposed Order) (Abebe, Gabriel) (Entered: 02/13/2026)
Main Document: Summary Judgment
#29
Feb 13, 2026
SEALED EXHIBITS by Department of Homeland Security, Immigration and Customs Enforcement, Kristi Noem, United States Attorney General Pamela Bondi, filed. (Attachments: # 1 Exhibit) (Abebe, Gabriel) (Entered: 02/13/2026)
Main Document: Sealed Exhibits
#30
Feb 20, 2026
REPLY in Support of Petition for a Writ of Habeus Corpus and Response in Opposition to Respondent's Motion for Summary Judgment, filed by Samir Hakimi. (Attachments: # 1 M. Doak Declaration, # 2 Exhibit Exhibit 1 to M. Doak Declaration) (Replogle, Piper) (Entered: 02/20/2026)
Main Document: Reply
#31
Mar 05, 2026
MOTION to Appear Pro Hac Vice for Kristin S.M. Morrison (Fee Paid: $100, receipt number ATXSDC-35257687)Motions referred to Christopher dos Santos. by Samir Hakimi, filed. Motion Docket Date 3/26/2026. (Morrison, Kristin) (Entered: 03/05/2026)
Main Document: Appear Pro Hac Vice
#32
Mar 06, 2026
ORDER granting 31 Motion for Kristin S. M. Morrison to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Magistrate Judge Christopher dos Santos) Parties notified. (akp5) (Entered: 03/06/2026)
Main Document: Order on Motion to Appear Pro Hac Vice
#33
Mar 09, 2026
ORDER. For the forgoing reasons, Petitioners Amended Petition for Writ of Habeas Corpus, (Dkt. 21), is GRANTED IN PART. Respondents Response to Petitioners Amended Petition for Writ of Habeas Corpus and Motion for Summary Judgment, (Dkt. 28), is DENIED.Respondents are ORDERED to immediately release Petitioner from custody. Respondents are ORDERED to notify the Court of the status of Petitioners release within 48 hours of the issuance of this order.Respondents are also ORDERED to notify Petitioners counsel of the exact location and exact time of his release as soon as practicable and no less than three hours before release.The Courts prior Order, (Dkt. 24), that Respondents must provide at least ten (10) days written notice, including the name of the proposed country of removal and confirmation that the third country has agreed to accept Petitioner, to Petitioner, Petitioners counsel, and this Court, prior to removal, REMAINS IN PLACE.The Court further ORDERS that Petitioner cannot be re-detained without a material change in circumstances. (Signed by Judge Diana Saldana) Parties notified. (akp5) (Entered: 03/09/2026)
Main Document: Order
#34
Mar 11, 2026
STATUS REPORT by Department of Homeland Security, Immigration and Customs Enforcement, Kristi Noem, United States Attorney General Pamela Bondi, filed. (Abebe, Gabriel) (Entered: 03/11/2026)
Main Document: Status Report
#35
Jun 26, 2026
Order on Motion to Dismiss
Main Document: Order on Motion to Dismiss