Sarkis Shaltapour v. John Cantu, et al.

Summary

The United States District Court for the District of Arizona adopted a magistrate judge’s Report and Recommendation in a 28 U.S.C. § 2241 action challenging immigration detention. The court granted the petition, ordered the respondents to release the petitioner immediately and file a notice of compliance, and directed the Clerk to enter judgment and terminate the action.

Holdings

1. When no party objects to a magistrate judge's Report and Recommendation, the district court is not required to conduct de novo review of the magistrate judge's factual or legal conclusions and may adopt the recommendation.
2. The petition challenging Petitioner's immigration detention was granted, and Respondents were ordered to release Petitioner immediately and file a notice of compliance.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no objections were filed.
2. Whether the § 2241 petition challenging Petitioner's immigration detention should be granted and Respondents ordered to release Petitioner.

Disposition

granted