Samiullah v. Bondi et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
ABDULLAH SAMIULLAH 	§
§
§
§
§
VS.
PAM BONDI1 et al.
CIVIL ACTION NO. 5:26-cv-89
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court referred Petitioner’s Writ of Habeas Corpus and Respondents’ Motion
to Dismiss to United States Magistrate Judge Christopher dos Santos for a Report and
Recommendation (Dkt. No. 23). After holding a hearing, Judge dos Santos 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. 34 at 5–9). According to Respondents, Petitioner
has no known criminal history (Dkt. No. 34 at 3). Considering all factors, Judge dos
Santos recommends Petitioner’s release pursuant to 8 U.S.C. § 1231(a)(3) (Dkt. No. 34 at
9). 	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
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
1 Pursuant to Federal Rule of Civil Procedure 25(d), Todd Blanche is automatically substituted
for Respondent Pamela Bondi in this case. Markwayne Mullin is automatically substituted for
Respondent Kristi Noem 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 06, 2026
Nathan Ochsner, Clerk
Case 5:26-cv-00089 Document 35 Filed 07/06/26 in TXSD Page 1 of 2

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WHOLE Judge dos Santos’s Report and Recommendation (Dkt. No. 34).
Accordingly, Petitioner’s Writ of Habeas Corpus is GRANTED (Dkt. No. 1).
Respondents’ Motion to Dismiss is DENIED (Dkt. No. 13).
Respondents are ORDERED to RELEASE Petitioner from custody to a public
place no later than 5:00 p.m. on July 8, 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 10, 2026, confirming that Petitioner has been released.
It is so ORDERED.
SIGNED July 6, 2026.
___________________________________
Marina Garcia Marmolejo
United States District Judge
Case 5:26-cv-00089 Document 35 Filed 07/06/26 in TXSD Page 2 of 2