Talebi v. LaRose et al

- 1 - 26cv0165
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
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SAMIR TALEBI,
Petitioner,
v.
CHRISTOPHER LAROSE, et al.,
Respondents.
Case No. 26-cv-00165-BAS-JLB
ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS
WITHOUT PREJUDICE
(ECF No. 1)
Petitioner Samir Talebi filed a Petition for Writ of Habeas Corpus pursuant to 28
U.S.C. § 2241, claiming his rights had been violated because of his “prolonged detention.”
(ECF No. 1.) The Court referred the case to Federal Defenders for an assessment as to
whether appointment of counsel was appropriate. (ECF No. 2.) Federal Defenders filed a
Notice of Appearance (ECF No. 4) and then a Supplemental Brief in support of the Petition
(ECF No. 9), including a Declaration by Mr. Talebi (ECF No. 9, Ex. A (“Talebi Decl.”)).
Respondents filed a Response (ECF No. 11), including a Declaration by Gloria
Solares, a Deportation Officer (“DO”) with U.S. Immigration and Customs Enforcement
(“ICE”) Enforcement and Removal Operations (“ERO”) (ECF No. 11, Ex. A (“DO Solares
Decl.”)). Petitioner filed a Traverse. (ECF No. 12.) For the reasons stated below, the Court
DENIES the Petition WITHOUT PREJUDICE.
Case 3:26-cv-00165-BAS-JLB Document 13 Filed 02/19/26 PageID.<pageID>
Page 1 of 3

- 2 - 26cv0165
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
Petitioner was born in Iran and came to the United States to request asylum. (Talebi
Decl. ¶ 1.) An Immigration Judge denied Petitioner’s asylum claim, and he was ordered
removed to Iran on November 5, 2025. (Id. ¶ 2.) ERO has obtained a travel document for
Petitioner’s removal to Iran, and his removal flight was scheduled for January 25, 2026.
(DO Solares Decl. ¶ 9.) Unfortunately, the removal flight had to be canceled because of a
medical emergency. (Id.) ICE is now waiting for Petitioner to be medically cleared, and
“[o]nce Petitioner’s medical issues are addressed, his removal can be effected promptly.”
(Id. ¶ 14.)
The Supreme Court held in Zadvydas v. Davis, 533 U.S. 678 (2001), that a petitioner
cannot be held in indefinite detention while ICE attempts to remove the petitioner to
another country. Id. at 689. Thus, release is mandated if “there is no significant likelihood
of removal in the reasonably foreseeable future.” 	Id. at 701. 	The Court held that it was
presumptively reasonable for a petitioner to be held in custody for six months while ICE
attempts to effectuate removal. Id.
In this case, Petitioner’s final order of removal was issued on November 5, 2025.
Thus, Petitioner has been held in custody pending his removal for slightly more than three
months. Hence, his detention period is presumptively reasonable. 	Zadvydas, 533 U.S. at
701. In addition, ICE has obtained travel documents for Petitioner, and he was scheduled
to be removed to Iran on January 25, 2026. (DO Solares Decl. ¶ 9.) The only reason he
was not removed is because of a medical emergency. 	(Id.) 	The Court has no reason to
believe that this medical emergency will not be resolved and that the removal will not then
be effected promptly. 	Therefore, the Court finds there is a significant likelihood that
Petitioner will be removed, and there is a significant likelihood that this will occur in the
reasonably foreseeable future.
However, if three more months pass, or if Petitioner has additional information that
his medical situation is unlikely to resolve in the reasonably foreseeable future, Petitioner
can file a new Petition at that time.
Case 3:26-cv-00165-BAS-JLB Document 13 Filed 02/19/26 PageID.<pageID>
Page 2 of 3

- 3 - 26cv0165
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
Because Petitioner’s detention is within the presumptively reasonable period of six
months as laid out in Zadvydas, and because it appears “there is [a] significant likelihood
[that Petitioner will be removed] in the reasonably foreseeable future,” the Petition is
DENIED WITHOUT PREJUDICE. (ECF No. 1.)
The Clerk is directed to close the case.
IT IS SO ORDERED.
DATED: February 19, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-00165-BAS-JLB Document 13 Filed 02/19/26 PageID.<pageID>
Page 3 of 3