Amiri v. Howard et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Reza Amiri,
Petitioner,
v.
Chris Howard, et al.,
Respondents.
No. CV-25-04797-PHX-KML (DMF)
ORDER
Petitioner filed this action under 28 U.S.C. § 2241 challenging his immigration
detention. (Doc. 1.) Petitioner alleges he has a final order of removal but was granted
withholding of removal to Afghanistan. He was released on an order of supervision on July
1, 2024, but redetained without notice on December 6, 2025. Petitioner further alleges
respondents have not provided notice of the reasons for the revocation of his release or
complied with the applicable regulations regarding revoking Orders of Supervision, 8
C.F.R. § 241.4(l)(1)-(2) and 8 C.F.R. § 241.13(i). Petitioner contends his removal is not
substantially likely to occur in the reasonably foreseeable future and, as a result, his
detention is impermissible. See Zadvydas v. Davis, 533 U.S. 678, 689 (holding that 8
U.S.C. § 1231 “does not permit indefinite detention”).
Respondents must show cause why the petition should not be granted. Respondents
may limit their response to petitioner’s argument regarding the alleged noncompliance with
the regulations regarding revoking Orders of Supervision.1
1 Petitioner also filed a motion for temporary restraining order. (Doc. 2.) Ordering an
expedited response to this order to show cause renders moot the motion for temporary
Case 2:25-cv-04797-KML--DMF Document 7 Filed 01/13/26 Page 1 of 2

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IT IS ORDERED:
(1) Counsel for Petitioner must immediately serve the Petition (Doc. 1) upon
Respondents.
(2) If not already issued, the Clerk’s Office must issue any properly completed
summonses.
(3) The Clerk of Court must immediately transmit by email a copy of this Order
and the Petition to the United States Attorney for the District of Arizona, to the attention
of Katherine Branch at katherine.branch@usdoj.gov, Melissa Kroeger at
melissa.kroeger@usdoj.gov, Lon Leavitt at lon.leavitt@usdoj.gov, and Theo Nickerson at
Theo.Nickerson2@usdoj.gov.
(4) Respondents must show cause no later than January 16, 2026, why the
Petition should not be granted. Petitioner may file a reply no later than January 20, 2026.
(5) The motion for temporary restraining order (Doc. 2) is denied.
Dated this 13th day of January, 2026.
restraining order.
Case 2:25-cv-04797-KML--DMF Document 7 Filed 01/13/26 Page 2 of 2