Milad v. Bondi et al

1 / 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
MILAD MALEKI ROSTAMGHESHLAGHI,
Petitioner,
VS.
§
§
§
§
§
§
§
§
§
§
CIVIL ACTION NO. 1:26-CV-328
WARDEN, PORT ISABEL DETENTION
CENTER, et al.,
Respondents.
ORDER
Petitioner Milad Maleki Rostamgheshlaghi is a native of Iran with protection from
removal as to that country. He is detained by United States immigration authorities and seeks
release from detention, alleging violations of his rights under the Due Process Clause of the Fifth
Amendment and based on Zadvydas v. Davis, 533 U.S. 678 (2001). (Pet., Doc. 1; Emergency Am.
Pet., Doc. 14) Respondents move for summary judgment. (MSJ, Doc. 11)
On July 16, 2026, a United States Magistrate Judge issued a Report and Recommendation
(Doc. 17), recommending that the Court grant the Petition for Writ of Habeas Corpus. On July
30, the deadline to file objections to the Report and Recommendation elapsed. No party objected
to the Report and Recommendation.
“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 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 Petitioner Milad Maleki Rostamgheshlaghi’s Emergency Amended
Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 14) is GRANTED;
United States District Court
Southern District of Texas
ENTERED
July 31, 2026
Nathan Ochsner, Clerk
Case 1:26-cv-00328 Document 20 Filed 07/31/26 in TXSD Page 1 of 2

2 / 2
ORDERED that Respondents’ Motion for Summary Judgment (Doc. 11) is DENIED;
and
ORDERED that by no later than August 4, 2026, Respondents shall release Petitioner
Milad Maleki Rostamgheshlaghi, subject to supervision in accordance with 8 U.S.C. § 1231(a)(3)
and 8 C.F.R. § 241.5.
Each party shall bear its own fees and costs.
This is a final and appealable order.
The Clerk of Court is directed to close this case.
Signed on July 31, 2026.
____________________________
Fernando Rodriguez, Jr.
United States District Judge
Case 1:26-cv-00328 Document 20 Filed 07/31/26 in TXSD Page 2 of 2