Northern District of Texas • 3:26-cv-02878
Gakou v. Warden Prairieland Detention Center
Active
Case Information
Filed: August 27, 2026
Assigned to:
Kasdin M. Mitchell
Referred to:
David L. Horan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
October 18, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 27, 2026
PETITION for Writ of Habeas Corpus filed by Abasse Gakou. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $5; receipt number ATXNDC-16740118) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet Cover Sheet) (Marouf, Fatma) (Entered: 08/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 27, 2026
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16741426) filed by Abasse Gakou (Attachments: # 1 Exhibit(s) Certificate of Good Standing)Attorney Emily Esposito Heger added to party Abasse Gakou(pty:pet) (Heger, Emily) (Entered: 08/27/2026)
Main Document:
Application
#3
Aug 27, 2026
MOTION for Temporary Restraining Order filed by Abasse Gakou with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) DHS Guidance, # 2 Exhibit(s) ICE Directive) (Heger, Emily) (Entered: 08/27/2026)
Main Document:
MOTION
#4
Aug 27, 2026
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (axm) (Entered: 08/27/2026)
Main Document:
New
#5
Aug 27, 2026
ORDER: The Court ORDERS Petitioner to notify Respondents, through the United States Attorney's Office, of the pending Petition and Motion. The Parties SHALL then meet and confer and provide the Court with an agreed briefing schedule no later than 9/1/2026 to promptly address the Petition and Motion. (Ordered by Chief District Judge Reed O'Connor on 8/27/2026) (axm) (Entered: 08/27/2026)
Main Document:
Order
#6
Aug 27, 2026
MOTION Permission for Student Attorney to Participate in and Chair Hearing filed by Abasse Gakou (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s)) (Heger, Emily) (Entered: 08/27/2026)
Main Document:
MOTION
#7
Aug 27, 2026
***VACATED PER ORDER AT DOCKET 16 *** ORDER: Petitioner informs the court via electronic mail that he may be removed from the United States as soon as tonight, August 27, 2026. In order to preserve the status quo, the Court ORDERS that Petitioners deportation is temporarily STAYED pending further order of the Court. (Ordered by Chief District Judge Reed O'Connor on 8/27/2026) (chmb) Modified on 10/1/2026 (cea). (Entered: 08/27/2026)
Main Document:
Order
#8
Sep 01, 2026
NOTICE of Agreed Proposed Briefing Schedule filed by Abasse Gakou (Heger, Emily) (Entered: 09/01/2026)
Main Document:
NOTICE
#9
Sep 01, 2026
NOTICE of Attorney Appearance by Brian Walters Stoltz-DOJ on behalf of Todd Blanche, Robert Cerna, Markwayne Mullin, David Venturella. (Filer confirms contact info in ECF is current.) (Stoltz-DOJ, Brian) (Entered: 09/01/2026)
Main Document:
NOTICE
#10
Sep 01, 2026
ELECTRONIC ORDER granting 2 Application for Admission Pro Hac Vice of Emily Heger. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief District Judge Reed O'Connor on 9/1/2026) (chmb) (Entered: 09/01/2026)
#11
Sep 01, 2026
ORDER granting 6 Motion for Permission for Student Attorney to Participate in and Chair Hearing and ACCEPTS the Parties' briefing schedule (ECF No. 8 ). Responses due by 9/11/2026. Replies due by 9/14/2026. (Ordered by Chief District Judge Reed O'Connor on 9/1/2026) (ndt) (Entered: 09/01/2026)
Main Document:
Order on Motion for Miscellaneous Relief
Sep 01, 2026
Order on Application for Admission Pro Hac Vice
#12
Sep 10, 2026
First MOTION for Hearing filed by Abasse Gakou (Heger, Emily) (Entered: 09/10/2026)
Main Document:
First
#13
Sep 11, 2026
RESPONSE filed by Todd Blanche, Robert Cerna, Markwayne Mullin, David Venturella, Warden Prairieland Detention Center re: 1 Petition for Writ of Habeas Corpus,,,, 3 MOTION for Temporary Restraining Order (Stoltz-DOJ, Brian) (Entered: 09/11/2026)
Main Document:
RESPONSE
#14
Sep 11, 2026
Appendix in Support filed by Todd Blanche, Robert Cerna, Markwayne Mullin, David Venturella, Warden Prairieland Detention Center re 13 Response/Objection (Stoltz-DOJ, Brian) (Entered: 09/11/2026)
Main Document:
Appendix
#15
Sep 14, 2026
REPLY filed by Abasse Gakou re: 3 MOTION for Temporary Restraining Order (Heger, Emily) (Entered: 09/14/2026)
Main Document:
REPLY
#16
Sep 29, 2026
ORDER: The Petition for Writ of Habeas Corpus 1 and Motion for Temporary Restraining Order and Preliminary Injunction 3 are DENIED. The Court's Order Staying Removal 7 is VACATED. (Ordered by Chief District Judge Reed O'Connor on 9/29/2026) (cea) (Entered: 10/01/2026)
#19
Oct 05, 2026
SPECIAL ORDER NO. 3-364: The cases listed on Exhibit A to this order are transferred to Judge Kasdin M. Mitchell's docket, until and unless modified by subsequent order of the court, and shall be designated by the suffix letter "M." (Ordered by Chief District Judge Reed O'Connor on 10/5/2026) (rekc) (Entered: 10/06/2026)
Main Document:
Order Reassigning Case
#17
Oct 06, 2026
NOTICE OF APPEAL as to 16 Order on Motion for TRO, to the Fifth Circuit by Abasse Gakou. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Heger, Emily) (Entered: 10/06/2026)
Main Document:
NOTICE
#18
Oct 06, 2026
First MOTION to Stay Removal Pending Appeal filed by Abasse Gakou with Brief/Memorandum in Support. (Heger, Emily) (Entered: 10/06/2026)
Main Document:
First
#20
Oct 07, 2026
MOTION for Leave to Proceed in forma pauperis on appeal with certificate of trust account re 17 Notice of Appeal filed by Abasse Gakou (Attachments: # 1 Proposed Order) (Heger, Emily) (Entered: 10/07/2026)
Main Document:
MOTION
#21
Oct 07, 2026
Amended Emergency MOTION to Stay Removal Pending Appeal filed by Abasse Gakou. (Attachments: # 1 Proposed Order) (Heger, Emily) (Entered: 10/07/2026)
Main Document:
Amended
#22
Oct 07, 2026
Transcript Order Form: re 17 Notice of Appeal transcript not requested Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Heger, Emily) (Entered: 10/07/2026)
Main Document:
Transcript
#23
Oct 08, 2026
ORDER REQUIRING EXPEDITED STATUS REPORT AND BRIEFING: The Court first ORDERS Respondents to file a report regarding the status of the government's efforts to remove Gakou from the United States by 10:00 a.m. on Friday, 10/8/2026. Cf. Dkt. No. 21 at 9 (Gakou's "[c]ounsel has contacted Respondents' counsel regarding the Government's current removal plans, but Respondents' counsel was unable to provide information regarding the timing of removal."). Based on this status report, the Court may order future reports on an expedited basis. And Respondents are ORDERED to file responses to the 20 motion for leave to appeal IFP and 21 amended motion to stay removal pending appeal by 5:00 p.m. on Tuesday, 10/13/2026. And Gakou may file a reply brief by 5:00 p.m. on Thursday, 10/15/2026. (Ordered by Magistrate Judge David L. Horan on 10/8/2026) (twd) (Entered: 10/08/2026)
Main Document:
Status Report Order
#24
Oct 08, 2026
NOTICE of Preliminary Update on the Government's Removal Plans for Petitioner re: 23 Status Report Order,,, filed by Todd Blanche, Robert Cerna, Markwayne Mullin, David Venturella, Warden Prairieland Detention Center (Stoltz-DOJ, Brian) (Entered: 10/08/2026)
Main Document:
NOTICE
#25
Oct 08, 2026
First MOTION to Stay Removal Pending Resolution of Petitioner's Amended Motion to Stay Removal Pending Appeal (ECF No. 21) filed by Abasse Gakou with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Heger, Emily) (Entered: 10/08/2026)
Main Document:
First
#26
Oct 08, 2026
RESPONSE filed by Todd Blanche, Robert Cerna, Markwayne Mullin, David Venturella, Warden Prairieland Detention Center re: 25 First MOTION to Stay Removal Pending Resolution of Petitioner's Amended Motion to Stay Removal Pending Appeal (ECF No. 21) (Stoltz-DOJ, Brian) (Entered: 10/08/2026)
Main Document:
RESPONSE
#27
Oct 09, 2026
NOTICE of Attorney Appearance by Tami C Parker-DOJ on behalf of Todd Blanche, Robert Cerna, Markwayne Mullin, David Venturella, Warden Prairieland Detention Center. (Filer confirms contact info in ECF is current.) (Parker-DOJ, Tami) (Entered: 10/09/2026)
Main Document:
NOTICE
#28
Oct 09, 2026
RESPONSE AND OBJECTION filed by Todd Blanche, Robert Cerna, Markwayne Mullin, David Venturella, Warden Prairieland Detention Center re: 25 First MOTION to Stay Removal Pending Resolution of Petitioner's Amended Motion to Stay Removal Pending Appeal (ECF No. 21) (Attachments: # 1 Exhibit(s)) (Parker-DOJ, Tami) (Entered: 10/09/2026)
Main Document:
RESPONSE
#29
Oct 09, 2026
ELECTRONIC ORDER. Before the Court is Petitioner's Emergency Motion to Stay Removal Pending Appeal (ECF No. 18 ), Amended Emergency Motion to Stay Removal Pending Appeal (ECF No. 21 ), and Emergency Motion for Temporary Stay of Removal Pending Resolution of His Amended Motion to Stay Removal Pending Appeal (ECF No. 25 ). Having considered the record and the applicable law, the Court DENIES each of Petitioner's motions. (ECF Nos. 18, 21, 25 ).Section 1252(g) provides that [n]o court shall have jurisdiction to hear any cause or claim arising from the Attorney Generals decision to execute removal orders. 8 U.S.C. § 1252(g). The Fifth Circuit has held that [a] request for stay of removal is a challenge to a removal order under Section 1252(g) and thus that a district court lack[s] jurisdiction to grant such relief. Imran v. Harper, No. 25-30370, 2026 WL 93131, at *1 (5th Cir. Jan. 13, 2026) (per curiam). Further, on September 29, 2026, the Supreme Court granted certiorari on the reviewability and legality of third-country removals and effectively allowed the government to continue third-country removals pending the Supreme Courts resolution of the case on the merits. Dept of Homeland Sec. v. D.V.D., Nos. 26-426, 26A406 (U.S. Sept. 29, 2026) (order). Accordingly, for those and other reasons, the Court DENIES each of Petitioner's motions for stay. (ECF Nos. 18, 21, 25 ). (Ordered by Judge Kasdin Miller Mitchell on 10/9/2026) (chmb) (Entered: 10/09/2026)
Oct 09, 2026
Order on Motion to Stay AND Order on Motion to Stay AND Order on Motion to Stay
#30
Oct 15, 2026
ELECTRONIC ORDER denying as moot Petitioner's 12 Motion to Set Hearing on Motion for Temporary Restraining Order and Preliminary Injunction. (Ordered by Magistrate Judge David L. Horan on 10/15/2026.) (Entered: 10/15/2026)
Oct 15, 2026
Order on Motion for Hearing
Oct 18, 2026
USCA Case Number 26-10925 in USCA5 for 17 Notice of Appeal filed by Abasse Gakou. (axm)
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