2:26-cv-01572•Soltanbakhsh v. Bondi et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Fatemeh Soltanbakhsh, Petitioner, v. Pamela Bondi, et al., Respondents. No. CV-26-01572-PHX-SHR (JZB) ORDER On March 6, 2026, Petitioner filed a Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 1). On May 6, 2026, Magistrate Judge John Z. Boyle issued a Report and Recommendation (“R&R”) recommending the Court grant in part and deny in part Petitioner’s Petition. (Doc. 12.) The R&R notified the parties they had fourteen (14) days after being served with a copy of the R&R to file any objections. (Id. at 18.) No objections have been filed. If neither party objects to a magistrate judge’s report and recommendation, the district court is not required to review the magistrate judge’s decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (noting a district court need only review a magistrate judge’s findings and recommendations de novo if objection is made). However, the statute for review of a magistrate judge’s recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Thomas, 474 U.S. at 154. Case 2:26-cv-01572-SHR Document 14 Filed 05/29/26 Page 1 of 2
- 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In this case, the deadline for filing objections has passed. As noted, no objections have been filed, and neither party has requested additional time to file objections. The Court will adopt the R&R on that basis. See Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (declining to substantively review the magistrate judge’s report and recommendation because no objections were filed). Accordingly, IT IS ORDERED Magistrate Judge Boyle’s Report and Recommendation (Doc. 12) is ADOPTED. IT IS FURTHER ORDERED Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is GRANTED IN PART and DENIED IN PART as discussed in the R&R. IT IS FURTHER ORDERED Petitioner’s request for immediate release is DENIED. IT IS FURTHER ORDERED Petitioner shall be provided an individualized bond hearing within SEVEN (7) DAYS of the date this Order is filed. This bond hearing shall comply with the procedural requirements set out in Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011). The government shall bear the burden of proving that Petitioner is a danger or flight risk by clear and convincing evidence. Additionally, the IJ should consider Petitioner’s financial situation and alternative conditions of release. Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017). In the alternative, the government may release Petitioner under appropriate conditions of release. IT IS FURTHER ORDERED Petitioner SHALL be provided with adequate notice prior to the hearing. IT IS FURTHER ORDERED the government shall file a status report with the Court regarding the bond hearing and whether Petitioner was released within FOURTEEN (14) DAYS of the date this Order is filed. Dated this 29th day of May, 2026. Case 2:26-cv-01572-SHR Document 14 Filed 05/29/26 Page 2 of 2
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