Faqiri v. Noem et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
MOHAMMAD FAQIRI,
Petitioner,
VS.
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CIVIL ACTION NO. 1:26-CV-285
MARKWAYNE MULLIN1, et al.,
Respondents.
ORDER
Petitioner Mohammad Faqiri is currently detained by Immigration and Customs
Enforcement at the Port Isabel Service Processing Center in Cameron County, Texas. He is subject
to a final order of removal, but in this habeas action alleges that his removal is not reasonably
foreseeable, warranting his immediate release based on Zadvydas v. Davis, 533 U.S. 678 (2001).
(Pet., Doc. 1). The Government seeks summary judgment. (MSJ, Doc. 21)
A United States Magistrate Judge recommends that the Court deny the motion for
summary judgment, grant the writ of habeas corpus, and order that Respondent release Petitioner
“subject to supervision in accordance with 8 U.S.C. § 1231(a)(3) and 8 C.F.R. § 241.5[.]” (R&R,
Doc. 25) No party objected to the Report and Recommendation and the deadline for doing so
expired on June 26, 2026.
“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” FED. R. CIV. P. 72(b),
Advisory Comm. Note (1983). The Court has reviewed the Report and Recommendation and finds
no clear error within it.
As a result, the Court ADOPTS the Report and Recommendation (Doc. 25). It is:
1 Petitioner sought relief against Kristi Noem and Pamela Bondi in their official capacities as Secretary of the
Department of Homeland Security and Attorney General, respectively. Pursuant to Federal Rule of Civil Procedure
25(d), Markwayne Mullin and Tod d Blanche are substituted as the proper Respondents, respectively.
United States District Court
Southern District of Texas
ENTERED
June 30, 2026
Nathan Ochsner, Clerk
Case 1:26-cv-00285 Document 26 Filed 06/30/26 in TXSD Page 1 of 2

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ORDERED that the Government’s Motion for Summary Judgment (Doc. 21) is
DENIED;
ORDERED that Petitioner Mohammad Faqiri’s Petition for Writ of Habeas Corpus
(Doc. 1) is GRANTED to the extent indicated in this Order; and
ORDERED that by no later than July 7, 2026, Respondent shall release Petitioner
Mohammad Faqiri from custody, subject to supervision in accordance with 8 U.S.C. § 1231(a)(3)
and 8 C.F.R. § 241.5.
This is a final and appealable order.
The Clerk of Court is directed to close this case.
Signed on June 30, 2026.
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Fernando Rodriguez, Jr.
United States District Judge
Case 1:26-cv-00285 Document 26 Filed 06/30/26 in TXSD Page 2 of 2