Fifth Circuit Denies Stay: Man Faces Removal to Sierra Leone
You filed every motion you could — habeas petition, emergency stay request, Convention Against Torture claims — and the court still said no. In October 2026, the Fifth Circuit denied an emergency stay of removal for Abasse Gakou, a Senegalese man held in ICE custody and facing deportation to Sierra Leone, a country he is not from. The ruling signals that federal courts may have little power to stop third-country removals, even when a person's CAT claims are still unresolved.
You filed every legal motion available. A habeas petition. An emergency stay. Claims under the Convention Against Torture (CAT) — an international treaty that bars the U.S. from sending someone to a country where they would likely be tortured. And still, the court said no. That is exactly what happened to Abasse Gakou, a native of Senegal held at the Prairieland Detention Center in Texas, who was set to be deported not to Senegal, but to Sierra Leone.
What the Fifth Circuit ruled in October 2026
On October 10, 2026, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit denied Gakou's emergency motion for a stay of removal pending appeal. The court found it almost certainly lacked jurisdiction to hear the case at all. Under federal law — specifically 8 U.S.C. § 1252(g) — courts are generally barred from hearing challenges to the government's decision to execute a removal order. The Fifth Circuit said a request to stay removal is itself a challenge to a removal order, which falls squarely within that jurisdiction-stripping rule. Because the court found Gakou had no meaningful chance of winning on the merits, it did not even analyze the other factors courts normally weigh when deciding whether to grant a stay.
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The court also pointed to a September 29, 2026 U.S. Supreme Court order in DHS v. D.V.D. In that case, the Supreme Court granted review of third-country removal — the practice of deporting someone to a country other than their own — but explicitly allowed the government to continue those removals while the case works its way through the courts. The Fifth Circuit read that as a signal that Gakou's specific argument against third-country removal was unlikely to succeed.
Why this matters for people in removal proceedings
This case is a stark example of how quickly options disappear once a removal order is final and a person is in ICE custody. The district court in the Northern District of Texas had already denied all relief. The Fifth Circuit then found it likely lacked the power to help. The lesson for anyone currently in immigration court — or who fears they may end up there — is that the time to raise CAT claims, withholding of removal, or any other defense is during the immigration court process, before a final order is issued. After that point, the legal doors close fast.
What to do
- If you are in removal proceedings, raise all defenses — including Convention Against Torture and withholding of removal — as early as possible, before a final order is entered. Do not wait to see what happens.
- If you fear deportation to a third country (not your home country), tell your attorney immediately. This is a specific legal argument that must be made on the record in immigration court.
- If you are already in ICE custody with a final removal order, ask an immigration attorney whether a habeas petition or emergency motion is still viable in your specific circuit — rules and outcomes vary by jurisdiction.
- Follow the Supreme Court's decision in DHS v. D.V.D., which is expected to set binding rules on third-country removals. That ruling could affect thousands of people in similar situations.
What to do, step by step — see our guide “Immigration Court Rulings”.
Fishkin Law Firm, New York
This ruling confirms what immigration attorneys have been warning about: once a removal order is final and you are in ICE custody, federal courts — including circuit courts — may find they lack jurisdiction to stop your removal under 8 U.S.C. § 1252(g). Your strongest window to raise Convention Against Torture or withholding of removal claims is during immigration court proceedings, before any order becomes final. If you are in removal proceedings right now, do not wait — consult an immigration attorney to raise all available defenses on the record.
Frequently Asked Questions
What is a Convention Against Torture (CAT) claim?
A CAT claim is a request to stop your deportation because you would likely be tortured in the country you are being sent to. It is based on an international treaty the U.S. has signed. You must raise this claim during your immigration court case — it does not happen automatically.
What is third-country removal?
Third-country removal means the U.S. government deports you to a country that is not your home country. For example, deporting a citizen of Senegal to Sierra Leone. This practice is currently being reviewed by the U.S. Supreme Court in DHS v. D.V.D.
Can a federal court stop my deportation after a removal order is final?
It is very difficult. Under 8 U.S.C. § 1252(g), federal courts generally cannot hear challenges to the government's decision to carry out a removal order. The Fifth Circuit applied this rule in the Gakou case in October 2026. Your best chance to fight removal is during immigration court proceedings, before any order becomes final.
What is a stay of removal and how do I get one?
A stay of removal is a court order that temporarily stops the government from deporting you while your case is being reviewed. To get one, you generally must show you are likely to win your case, that you will suffer serious harm without the stay, and that granting the stay serves the public interest. Courts apply these factors strictly, and — as the Gakou case shows — they may also find they lack jurisdiction to grant one at all once a final removal order exists.