Western District of Texas • 5:26-cv-04144

#1

Jun 22, 2026

PETITION for Writ of Habeas Corpus (fee not paid), filed by Rajab Muhammad Omari. (Attachments: # 1 Additional Attachment(s) Certificate of Service, # 2 Envelope, # 3 Exhibit 1a, # 4 Exhibit 1b, # 5 Exhibit 1c, # 6 Exhibit 1d, # 7 Exhibit 1e, # 8 Exhibit 1f)(grt) [Transferred from Texas Eastern on 7/1/2026.] (Entered: 06/22/2026)

#2

Jun 22, 2026

Case: Omari v. Secretary of Homeland Security et al was filed on 6/22/2026 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.) (grt) [Transferred from Texas Eastern on 7/1/2026.] (Entered: 06/22/2026)

#3

Jun 22, 2026

ORDER Regulating Practice. Signed by District Judge J. Campbell Barker on 6/22/2026. (grt) [Transferred from Texas Eastern on 7/1/2026.] (Entered: 06/22/2026)

Jun 22, 2026

Clerk's Notice of Mailing - Doc(s) 2, 3 and docket sheet mailed to Rajab M Omari at the address indicated on the NEF unless otherwise indicated. Mail type: Inmate ack. req. (grt) [Transferred from Texas Eastern on 7/1/2026.]

Jun 25, 2026

Filing fee paid: $ 5.00, receipt number 71958 (grt) [Transferred from Texas Eastern on 7/1/2026.]

Jun 25, 2026

DUPLICATE ENTRY. DISREGARD. Receipt number 6-71958 (gsm) Modified on 6/25/2026 (gsm). [Transferred from Texas Eastern on 7/1/2026.]

#4

Jun 30, 2026

ORDER re 1 Petition for Writ of Habeas Corpus, filed by Rajab Muhammad Omari. ORDERED that the case is TRANSFERRED to the Western District of Texas, San Antonio Division. 28 U.S.C. §§ 1404(a) and Local Order 95-2. The Clerk of Court shall transfer the case forthwith and without delay. Signed by Magistrate Judge John D. Love on 6/30/2026. (grt) [Transferred from Texas Eastern on 7/1/2026.] (Entered: 07/01/2026)

#5

Jul 01, 2026

Case electronically transferred in from the Eastern District of Texas- Tyler Division; Case Number 6:26-cv-00296. (Entered: 07/01/2026)

Jul 01, 2026

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

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

Case Assigned/Reassigned

Jul 01, 2026

To be Referred to SA Mag Judge

#6

Jul 07, 2026

Case Opening Letter mailed to Rajab Muhammad Omari. (cih) (Entered: 07/07/2026)

#7

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)

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 Sheetas 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

Jul 07, 2026

Deficiency Notice

#8

Jul 09, 2026

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

#9

Jul 13, 2026

ORDER VACATING re 8 Order for Omnibus Advisory. Signed by Judge Fred Biery. (r013) (Entered: 07/13/2026)

#10

Aug 06, 2026

RESPONSE to Petition to 1 Petition for Writ of Habeas Corpus, by Todd Blanche, Markwayne Mullin, Corey Price, David Venturella. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cordova, Anne Marie) (Entered: 08/06/2026)

#11

Aug 07, 2026

Supplement to 1 Petition for Writ of Habeas Corpus, by Rajab Muhammad Omari. (rqr) (Entered: 08/10/2026)

#12

Aug 24, 2026

SUPPLEMENT to 1 Petition for Writ of Habeas Corpus, by Rajab Muhammad Omari. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(rqr) (Entered: 08/27/2026)

#13

Sep 14, 2026

ADVISORY TO THE COURT by Rajab Muhammad Omari. (rqr) (Entered: 09/17/2026)

#14

Sep 14, 2026

MOTION to Appoint Counsel by Rajab Muhammad Omari. (rqr) (Entered: 09/17/2026)

#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 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 Rajab Muhammad Omari 221059367 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