A US federal judge on Monday ordered the release of an Iranian migrant held by immigration authorities for nearly six months, ruling that the government had shown no realistic prospect of deporting him to a country other than Iran in the foreseeable future.
Hamid Ziaei, who was detained in June after a check-in appointment with US Immigration and Customs Enforcement in California, had been held at the Torrance County Detention Facility in New Mexico while US officials pursued possible deportation to a third country, his attorneys said.
“The US government provided no evidence that there was any likelihood of Mr. Ziaei’s removal in the reasonable, foreseeable future,” Rachel Landry, a staff attorney at Innovation Law Lab, told the court in Albuquerque, the group said.
US District Court Judge Matthew Garcia said he would issue an order for Ziaei’s release within 24 hours, Landry and fellow attorney Tiffany Wang said.
Court filings on Ziaei’s behalf say he fled Iran after speaking out against the government and entered the United States in San Diego in January 2024. His asylum request was rejected, but he was released in mid-2024 with authorization to work based on concerns he could face persecution if returned to Iran, the filings said.
An ICE officer said in court documents that the agency began vetting Ziaei for removal to a third country in August and initiated procedures to coordinate an interview with a foreign embassy that might accept him.
The US attorney’s office in New Mexico, representing immigration authorities, declined to comment. In filings, immigration authorities cited a 2001 US Supreme Court ruling they said gives the government at least six months to make removal arrangements.
In a December 2 statement submitted to the court, Ziaei said prolonged detention led to anxiety and panic attacks, deferred dental treatment for infections, and weight and muscle loss that could affect his future income as an athlete.
The case comes as Iran’s foreign ministry has confirmed recent US detentions and deportations of Iranian nationals under tightened immigration enforcement, including groups returned to Iran via transit countries.
