Western District of Texas • 5:26-cv-04143

#1

Jun 17, 2026

PETITION for Writ of Habeas Corpus (fee not paid), filed by Bibi Safora Omari. (Attachments: # 1 Exhibit, # 2 Cover Letter/Envelope)(gsm) [Transferred from Texas Eastern on 7/1/2026.] (Entered: 06/22/2026)

Jun 22, 2026

Case: 6:26-cv-00295-JCB-JDL Omari v. Secretary of Homeland Security was filed on 6/17/2026 and assigned to Judge Barker and referred to Judge Love. (Clerk Reminder - Ensure this entry and the attached Pro Se Instructions are sent to Pro Se.) (gsm) [Transferred from Texas Eastern on 7/1/2026.]

#2

Jun 29, 2026

ORDER OF TRANSFER re 1 Petition for Writ of Habeas Corpus filed by Bibi Safora Omari. ORDERED that the case is TRANSFERRED to the Western District of Texas, San Antonio Division. Signed by Magistrate Judge John D. Love on 6/29/2026. (gsm) [Transferred from Texas Eastern on 7/1/2026.] (Entered: 06/30/2026)

#3

Jul 01, 2026

Case electronically transferred in from the Eastern District of Texas-Tyler Division; Case Number 6:26-cv-00295. (Entered: 07/01/2026)

Jul 01, 2026

Case Assigned/Reassigned

Jul 01, 2026

To be Referred to SA Mag Judge

Jul 01, 2026

Case assigned to Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cih)

Jul 01, 2026

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (cih)

#4

Jul 07, 2026

Case Opening Letter mailed to Bibi Safora Omari. (cih) (Entered: 07/07/2026)

#5

Jul 07, 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) 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 fifteen (15) days after the Respondents file their answers/responses. Signed by Judge Fred Biery. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md) (Entered: 07/07/2026)

#6

Jul 07, 2026

ORDER VACATING re 5 SERVICE ORDER. Filing fee has not been paid. Signed by Judge Fred Biery. (md) (Entered: 07/07/2026)

Jul 07, 2026

Deficiency Notice

Jul 07, 2026

DEFICIENCY NOTICE: Local Rule CV-3(a) requires a Civil Cover Sheet. DO NOT RE-FILE the entire document. Please file ONLY the Civil Cover Sheet. Use the ATTACHMENT event from the menu and attach the Civil Cover Sheet as the Main Document. LINK the Civil Cover Sheet to the original Complaint. In the docket text, type Civil Cover Sheet. re 1 Petition for Writ of Habeas Corpus (cih)

Jul 07, 2026

Order

#7

Jul 09, 2026

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

#8

Jul 13, 2026

ORDER VACATING re 7 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)

#9

Jul 14, 2026

ORDER OF DEFICIENCY -IT IS THEREFORE ORDERED that within twenty (20) days from the date of this Order, Petitioner must submit to this Court either the required filing fee of $5.00 or an application to proceed IFP, along with a current institutional trust fund account statement showing deposits and balances to his/her institutional account for the previous six months.. Signed by Judge Fred Biery. (vl) (Entered: 07/15/2026)

Jul 15, 2026

Mailed Docket Entry 9 Order and IFP Form to Petitioner. (vl)

Jul 15, 2026

Remark (No Doc#)

#10

Jul 30, 2026

Filing fee received in the amount of $5, receipt number 12238 (rqr) (Entered: 07/30/2026)

#11

Jul 31, 2026

Text 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 with delivery by certified mail return receipt requested. 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 with delivery by certified mail, return receipt requested. It is FURTHER ORDERED that Respondents shall file a response to the Petition within thirty (30) days of the date of service. It is FURTHER ORDERED that, if Petitioner elects to file a reply, Petitioner may do so no later than fifteen (15) days after the Respondents file their answers/responses. Signed by Judge Fred Biery. (md) (Entered: 07/31/2026)

Jul 31, 2026

Order

#12

Aug 20, 2026

Declaration by Bibi Safora Omari (rqr) (Entered: 08/21/2026)

#13

Aug 31, 2026

RESPONSE RESPONSE TO PETITION by Todd Blanche, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Esparza, Fidel) (Entered: 08/31/2026)

#14

Sep 03, 2026

MOTION to Appoint Counsel by Bibi Safora Omari. (rqr) (Entered: 09/08/2026)

#15

Sep 29, 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 a bond hearing or Petitioner's release. Respondents have submitted a response in opposition. 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 Bibi Safora Omari 221059386 from custody, under reasonable conditions of supervision, to a public place no later than October 2, 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 the next business day after Petitioner is released, 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: 09/29/2026)

#16

Sep 29, 2026

JUDGMENT. Signed by Judge Fred Biery. (rqr) (Entered: 09/30/2026)

Sep 29, 2026

Order

#17

Oct 05, 2026

STATUS REPORT Federal Respondents' Status Report by Todd Blanche, Markwayne Mullin, Corey A. Price, David Venturella. (Attachments: # 1 Exhibit A)(Miller, Kenneth) (Entered: 10/05/2026)