Western District of Texas • 5:26-cv-00165

#1

Jan 14, 2026

Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21217253), filed by AIEKO GACHECHILADZE. (Attachments: # 1 Civil Cover Sheet COVER SHEET)(Waldron, John) (Entered: 01/14/2026)

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Jan 14, 2026

MOTION for Temporary Restraining Order by AIEKO GACHECHILADZE. (Waldron, John) (Entered: 01/14/2026)

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Jan 14, 2026

ORDER FOR SERVICE--Federal Respondents are ORDERED to file a response to the Petition for Writ of Habeas Corpus and motion no later than January 21, 2026, at 1:00 p.m. Because Petitioner invokes Zadvydas v. Davis, 533 U.S. 678 (2001) as a basis for finding detention unlawful, Respondents must consider the Courts prior orders addressing this question.1 And the response shall specifically and expressly note (1) any material factual differences between those cases and this one, (2) any new arguments sought to be raised by Respondents, and (3) whether Respondents rely on any new material change in the legal landscape to support their continued detention of Petitioner. IT IS FURTHER ORDERED that any possible or anticipated removal or transfer is IMMEDIATELY STAYED until further order from this Court. Respondents shall not transfer the above-named Petitioner outside of this judicial district during the pendency of this litigation and until further Order of this Court allowing removal or transfer.. Signed by Judge Jason K. Pulliam. (mgr) (Entered: 01/14/2026)

Jan 14, 2026

To be Referred to SA Mag Judge

Jan 14, 2026

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

Jan 14, 2026

Case assigned to Judge Jason K. Pulliam. 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. (rqr)

Jan 14, 2026

Case Assigned/Reassigned

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Jan 15, 2026

Order

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Jan 21, 2026

Response

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Apr 28, 2026

Advisory to the Court

#7

Jul 09, 2026

Order

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Jul 13, 2026

Order

#9

Jul 16, 2026

TEXT ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS and MOOTING 2 Motion for a Temporary Restraining Order or, in the alternative, for a Preliminary Injunction. 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 response in opposition. Their opposition is primarily focused on a perceived inaccurate reliance on § 1231(a) as the basis for detention. They contend that detention is under 8 U.S.C. § 1225, not § 1231(a), because there is no final order of removal in this case. They provide an exhibit (ECF No. 5-2) purporting to show an October 15, 2025 appeal. As added support for their purported filed appeal, they provide an appellate filing receipt, ECF No. 5-3, but that receipt reflects a receipt of an appeal from the Government on April 17, 2025. Such appeal appears irrelevant to an immigration decision that occurred in October 2025. Relatedly, the Government likewise has misplaced reliance on a May 21, 2025 bond redetermination denial based on a jurisdictional finding that an appeal remained pending. The Court has reviewed the immigration docket for Petitioner at https://acis.eoir.justice.gov (last accessed July 15, 2026) and the docket reflects that an immigration judge rendered a decision on October 7, 2025, and that no appeal was received. Consequently, the Court finds that the order of removal is final and that detention is under § 1231(a) as asserted by Petitioner. 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. Petitioner has been detained since August 2024, with a final order of removal since October 2025. An immigration judge has granted withholding of removal to Georgia, Petitioners home country, due to a credible claim of fear of persecution or torture. 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. Under the circumstances of this case, the Court concludes that habeas relief is proper and Zadvydas requires Petitioner's release from the unlawful detention. Given this ruling, it moots the motion. Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 are not available in habeas corpus proceedings like this one. 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. IT IS HEREBY ORDERED that on or before July 18, 2026, Respondents shall RELEASE Petitioner Aieko Gachechiladze 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. 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: 07/16/2026)

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Jul 16, 2026

FINAL JUDGMENT in favor of Aieko Gachechiladze-- 1. On or before July 18, 2026, Respondents shall RELEASE Petitioner Aieko Gachechiladze from custody to a public location under appropriate conditions of release. 2. Respondents must NOTIFY Petitioners counsel of the exact location and exact time of release as soon as practicable and no less than two hours before release. 3. Any possible or anticipated removal or transfer of Petitioner under this present detention is PROHIBITED. 4. 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. The Clerk of Court is DIRECTED to close this case. Signed by Judge Jason K. Pulliam. (bt) (Entered: 07/16/2026)

Jul 16, 2026

Order on Motion for TRO

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Jul 20, 2026

Status Report

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Jul 28, 2026

Amend Judgment

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Jul 28, 2026

Amend Judgment

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Jul 29, 2026

Strike

Jul 29, 2026

Order on Motion to Strike