Memen v. Warden, Port Isabel Detention Center

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
ARAFATE MEMEN,
Petitioner,
VS.
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CIVIL ACTION NO. 1:26-CV-315
WARDEN, PORT ISABEL DETENTION
CENTER, et al.,
Respondents.
ORDER
Petitioner Arafate Memen is currently detained by Immigration and Customs
Enforcement at the Port Isabel Detention Facility in Cameron County, Texas. Petitioner is subject
to a final order of removal. In this habeas action, he alleges that his removal is not reasonably
foreseeable and requests his immediate release based on Zadvydas v. Davis, 533 U.S. 678 (2001).
(Pet., Doc. 1)
Respondents move to dismiss because Petitioner’s “detention is within the 180-day
constitutionally presumptive period of post-removal-period detention.” (MTD, Doc. 14)
A United States Magistrate Judge recommends that the Court grant the Motion to Dismiss
(Doc. 14) and deny the Petition. (R&R, Doc. 17) No party objected to the Report and
Recommendation and the deadline for doing so expired on May 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. 17). It is:
ORDERED that Respondent’s Motion to Dismiss for Failure to State a Claim (Doc. 14) is
GRANTED; and
United States District Court
Southern District of Texas
ENTERED
June 01, 2026
Nathan Ochsner, Clerk
Case 1:26-cv-00315 Document 21 Filed 06/01/26 in TXSD Page 1 of 2

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ORDERED that Petitioner Arafate Memen’s Petition for Writ of Habeas Corpus (Doc. 1)
is DISMISSED without prejudice for lack of subject matter jurisdiction.
This is a final and appealable order.
Signed on June 1, 2026.
____________________________
Fernando Rodriguez, Jr.
United States District Judge
Case 1:26-cv-00315 Document 21 Filed 06/01/26 in TXSD Page 2 of 2