Samad v. Unknown Party

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Seyfikoraeim Samad,
Petitioner,
v.
Unknown Party,
Respondent.
No. CV-25-03398-PHX-KML (JZB)
ORDER
Petitioner challenged his present immigration detention under Zadvydas v. Davis,
533 U.S. 678 (2001), arguing his detention has exceeded the statutory removal period and
there is no significant probability of his removal in the reasonably foreseeable future. (Doc.
11.) The court directed respondents to respond to the petition. (Doc. 13.) Respondents’
response stated:
[U]ndersigned counsel has not been provided with any facts
that could establish a significant likelihood of removal in the
reasonably foreseeable future. Although ICE is seeking
additional countries that may accept Petitioner, none have been
identified as of yet. Accordingly, because the Government
cannot meet its burden to establish that Petitioner’s removal is
likely in the reasonably foreseeable future, under Zadvydas,
Petitioner is entitled to release.
(Doc. 16 at 2.) The court accepts this concession as non-opposition to granting petitioner’s
habeas corpus petition.
/
/
Case 2:25-cv-03398-KML-JZB Document 17 Filed 12/08/25 Page 1 of 2

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Accordingly,
IT IS ORDERED petitioner’s petition for writ of habeas corpus (Doc. 11) is
granted.
IT IS FURTHER ORDERED respondents must immediately release petitioner
from custody under the same conditions that existed before his detention.
IT IS FURTHER ORDERED respondents must provide a notice of compliance
within three business days of petitioner’s release.
IT IS FINALLY ORDERED the clerk shall enter judgment in petitioner’s favor
and close this case.
Dated this 8th day of December, 2025.
Case 2:25-cv-03398-KML-JZB Document 17 Filed 12/08/25 Page 2 of 2