Jafari v. Mullin

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
SIAVASH JAFARI,
Petitioner,
VS.
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CIVIL ACTION NO. 1:26-CV-447
MARKWAYNE MULLIN,
Respondent.
ORDER
Petitioner Siavash Jafari 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 alleges in this habeas action 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 Respondents seek summary judgment. (MSJ, Doc. 17)
A United States Magistrate Judge recommends that the Court deny the Petition and deny
the Motion for Summary Judgment as moot. (R&R, Doc. 23) No party objected to the Report and
Recommendation and the deadline for doing so expired on July 7, 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. 18). It is:
ORDERED that Petitioner Siavash Jafari’s Petition for Writ of Habeas Corpus (Doc. 1) is
DENIED; and
ORDERED that Respondents’ Motion for Summary Judgment (Doc. 17) is DENIED AS
MOOT.
United States District Court
Southern District of Texas
ENTERED
July 16, 2026
Nathan Ochsner, Clerk
Case 1:26-cv-00447 Document 27 Filed 07/16/26 in TXSD Page 1 of 2

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This is a final and appealable order.
The Clerk of Court is directed to close this case.
Signed on July 16, 2026.
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Fernando Rodriguez, Jr.
United States District Judge
Case 1:26-cv-00447 Document 27 Filed 07/16/26 in TXSD Page 2 of 2