Rahimzadeh v. NOEM et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
ERFAN RAHIMZADEH §
§
§
§
§
VS.
KRISTI NOEM1 et al.
CIVIL ACTION NO. 5:26-cv-154
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court referred Petitioner’s Writ of Habeas Corpus and Respondents’ Motion
to Dismiss to United States Magistrate Judge Diana Song Quiroga for a Report and
Recommendation (Dkt. No. 14). 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. 20 at 7–10). Judge Song Quiroga contemplated the
breakdown in diplomatic relations with the United States and Iran, finding they provide
an independent barrier to Petitioner’s repatriation to Iran (Dkt. No. 20 at 9). Finally,
Judge Song Quiroga highlights that Petitioner’s only criminal history relates to his illegal
entry conviction (Dkt. No. 20 at 10). Considering all factors, Judge Song Quiroga
recommends Petitioner’s release (Dkt. No. 20 at 11). 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
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
1 Pursuant to Federal Rule of Civil Procedure 25(d), Markwayne Mullin is automatically
substituted for Respondent Kristi Noem 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 09, 2026
Nathan Ochsner, Clerk
Case 5:26-cv-00154 Document 21 Filed 07/09/26 in TXSD Page 1 of 2

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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. 20).
Accordingly, Petitioner’s Writ of Habeas Corpus is GRANTED (Dkt. No. 1).
Respondents’ Motion to Dismiss is DENIED (Dkt. No. 11).
Respondents are ORDERED to RELEASE Petitioner from custody to a public
place no later than 5:00 p.m. on July 13, 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 15, 2026, confirming that Petitioner has been released.
It is so ORDERED.
SIGNED July 9, 2026.
___________________________________
Marina Garcia Marmolejo
United States District Judge
Case 5:26-cv-00154 Document 21 Filed 07/09/26 in TXSD Page 2 of 2