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PoliticsA federal judge has ordered the release of Iranian migrant Hamid Ziaei, who faced prolonged detention without adequate progress on his deportation, raising concerns over due process and his fears of persecution if returned to Iran.

Federal Judge Orders Release of Iranian Migrant After Months in Detention

Hamid Ziaei, an Iranian migrant and bodybuilder, was ordered to be released from U.S. immigration custody after over five months due to lack of evidence for deportation plans.

Source: AP1 min read

In brief

A U.S. federal judge has mandated the release of Hamid Ziaei, an Iranian migrant who has been detained for more than five months, highlighting concerns regarding his potential persecution if deported to Iran. Ziaei's detention raised due process issues, as his attorneys argued there was no reasonable expectation of his removal to a safe third country. The case underlines ongoing debates surrounding the U.S. immigration system and the treatment of asylum seekers and migrants.

SANTA FE, N.M. (AP) — A federal judge is ordering the release of Iranian migrant and bodybuilder Hamid Ziaei after he was held by U.S. immigration authorities for over five months. Ziaei’s attorneys argued that he was detained without apparent efforts toward deportation to any country other than Iran, a place where he fears persecution.

During a court session in Albuquerque, Ziaei's lawyers emphasized that the U.S. government had failed to demonstrate any likelihood of his imminent removal. Rachel Landry, an attorney from the Innovation Law Lab representing Ziaei, stated, The government provided no evidence that there was any likelihood of Mr. Ziaei’s removal in the reasonable, foreseeable future.

Ziaei fled Iran after expressing dissent against the government, arriving in the U.S. in January 2024. Despite a rejection of his asylum request, he had been allowed to work based on concerns about potential persecution if returned to Iran.

He had been living in California, supporting himself through various jobs such as elderly care and personal training until his re-arrest in June.

In court, immigration authorities indicated that Ziaei was being vetted for removal to a different country as of August. This follow-up underscores ongoing challenges faced by immigrants navigating the U.S. immigration system.

U.S. District Court Judge Matthew Garcia stated he would sign an order for Ziaei’s release within 24 hours, reflecting concerns about his prolonged detention impacting his health and ability to make a living as an athlete.

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