Safi v. Bondi,

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
YAHYA SAFI 	§
§
§
§
§
VS.
PAMELA BONDI1 et al.
CIVIL ACTION NO. 5:26-cv-483
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court referred Petitioner’s Writ of Habeas Corpus and Respondents’ Motion
for Summary Judgment to United States Magistrate Judge Diana Song Quiroga for a
Report and Recommendation (Dkt. No. 13). After holding a hearing, Judge Song Quiroga
found that Petitioner met his burden under the Zadvydas v. Davis, 533 U.S. 678 (2001)
framework to demonstrate that his removal was not reasonably foreseeable, and that
Respondents failed to rebut that showing (Dkt. No. 18 at 9–10). Judge Song Quiroga
highlights that Respondents failed to show Petitioner had any “disciplinary infraction[s],
mental health issues, [or] prior immigration violations” (Dkt. No. 18 at 4). Respondents
also neglected to prove he posed a “flight risk, [or] danger to the community” or that he
would fail “to cooperate, [which] would independently support continued detention” (Dkt.
No. 18 at 4, 9). Further, Petitioner has no known criminal history (Dkt. No. 18 at 9).
Considering all factors, Judge Song Quiroga recommends Petitioner’s release pursuant
to 8 U.S.C. § 1231(a)(3), (6) (Dkt. No. 18 at 10, 12). The fourteen-day objection period has
lapsed, and no party objected to this recommendation. See 28 U.S.C. § 636(b)(1).
Pursuant to Federal Rule of Civil Procedure 72(b), the Court reviewed the Report
1 Pursuant to Federal Rule of Civil Procedure 25(d), Todd Blanche is automatically substituted
for Respondent Pamela Bondi in this case. David Venturella is substituted for Respondent Todd Lyons
under this same rule. The Clerk of Court is DIRECTED to substitute these parties on the docket
sheet.
United States District Court
Southern District of Texas
ENTERED
July 07, 2026
Nathan Ochsner, Clerk
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and Recommendation for clear error. CGI Logistics, LLC v. Fast Logistik, No. 5:23-CV-
43, 2023 WL 8313341, at *2 (S.D. Tex. Dec. 1, 2023) (Garcia Marmolejo, J.) (citing United
States v. Soto, 734 F. App’x 258, 259 (5th Cir. 2018)); see also Cao v. BSI Fin. Servs., Inc.,
858 F. App’x 156, 158 (5th Cir. 2021). Finding none, the Court hereby ADOPTS IN
WHOLE Judge Song Quiroga’s Report and Recommendation (Dkt. No. 18).
Accordingly, Petitioner’s Writ of Habeas Corpus is GRANTED IN PART (Dkt.
No. 1). Respondents’ Motion for Summary Judgment is DENIED (Dkt. No. 10).
Petitioner’s requests for expedited review and an Order to Show Cause are DENIED AS
MOOT. His request for attorney’s fees is DENIED. His request concerning third-country
removal is DISMISSED WITHOUT PREJUDICE.
Respondents are ORDERED to RELEASE Petitioner from custody to a public
place no later than 5:00 p.m. on July 9, 2026. Petitioner’s release is subject to 8 U.S.C.
§ 1231(a)(3) and 8 C.F.R. § 241.5.
Respondents are ORDERED to NOTIFY Petitioner’s counsel of the exact location
and exact time of his release as soon as practicable and no less than two hours before
his release. The parties are ORDERED to file a Joint Status Report no later than
5:00 p.m. on July 13, 2026, confirming that Petitioner has been released.
It is so ORDERED.
SIGNED July 7, 2026.
___________________________________
Marina Garcia Marmolejo
United States District Judge
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