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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF TEXAS 
BROWNSVILLE DIVISION 
 
ARAFATE MEMEN, 
 
              Petitioner, 
 
VS. 
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    CIVIL ACTION NO. 1:26-CV-315  
  
WARDEN, PORT ISABEL DETENTION 
CENTER, et al., 
 
              Respondents. 
 
 
ORDER 
 
Petitioner Arafa te Memen is currently detained by Immigration and Customs 
Enforcement at the Port Isabel Detention Facility in Cameron County, Texas.  Petitioner is subject 
to a final order of removal.  In this habeas action, he alleges that his removal is not reasonably 
foreseeable and requests his immediate release based on Zadvydas v. Davis, 533 U.S. 678 (2001). 
(Pet., Doc. 1) 
Respondents move to dismiss because Petitioner’s “detention is within the 180 -day 
constitutionally presumptive period of post-removal-period detention.” (MTD, Doc. 14) 
A United States Magistrate Judge recommends that the Court grant the Motion to Dismiss 
(Doc. 14) and deny the Petition. (R&R, Doc.  17)  No party objected to the Report and 
Recommendation and the deadline for doing so expired on May 26, 2026. 
“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 the 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 Respondent’s Motion to Dismiss for Failure to State a Claim (Doc. 14) is 
GRANTED; and 
United States District Court
Southern District of Texas
ENTERED
June 01, 2026
Nathan Ochsner, Clerk
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ORDERED that Petitioner Arafate Memen’s Petition for Writ of Habeas Corpus (Doc. 1) 
is DISMISSED without prejudice for lack of subject matter jurisdiction. 
This is a final and appealable order. 
Signed on June 1, 2026. 
 
 
____________________________ 
Fernando Rodriguez, Jr. 
United States District Judge 
 
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