Riaz Sukhyani v. Pamela J. Bondi, et al.

Summary

The United States District Court for the Western District of Oklahoma adopted a magistrate judge’s Report and Recommendation granting Riaz Sukhyani habeas relief under 28 U.S.C. § 2241. The court held that the respondents’ general objection did not trigger de novo review and found no clear error in the recommendation that Sukhyani’s continued immigration detention violated the principles established in Zadvydas v. Davis. Respondents were ordered to immediately release Sukhyani subject to an appropriate Order of Supervision.

Holdings

1. A timely objection that merely asserts disagreement with a Report and Recommendation, without identifying specific factual or legal errors, is insufficient to trigger de novo review under Fed. R. Civ. P. 72(b)(3). Incorporating or reasserting arguments from prior briefing without specifically challenging the recommendation is likewise insufficient.
2. The court found no clear error in the magistrate judge's conclusion that petitioner met his burden under Zadvydas and that respondents failed to rebut his showing that there was no significant likelihood of removal in the reasonably foreseeable future.
3. Petitioner was entitled to habeas relief under 28 U.S.C. § 2241, and respondents were ordered to immediately release him subject to the terms of an appropriate Order of Supervision.

Questions Presented

1. Whether respondents' objection to the magistrate judge's Report and Recommendation was sufficiently specific to trigger de novo review under Fed. R. Civ. P. 72(b)(3).
2. Whether the record contained clear error in the magistrate judge's conclusion that petitioner satisfied the Zadvydas standard for release from post-removal-order detention.
3. Whether petitioner was entitled to habeas relief under 28 U.S.C. § 2241 and release from ICE detention subject to an Order of Supervision.

Disposition

other