SANTA FE, N.M. (AP) — A federal judge has ordered the release of Hamid Ziaei, an Iranian migrant and bodybuilder, who has been held by U.S. immigration authorities for over five months. Attorneys representing Ziaei stated on Monday that he was detained without progress on deportation to a country other than Iran, where he faces the risk of persecution.
During a court hearing in Albuquerque, Ziaei's attorneys asserted that he was being held in violation of due process protections at an immigrant detention facility in New Mexico. Ziaei has been in custody for nearly six months after being detained during a check-in appointment with U.S. Immigration and Customs Enforcement (ICE) in California.
Rachel Landry, a staff attorney at Innovation Law Lab, argued that the U.S. government has provided no evidence indicating that there is any likelihood of Ziaei's deportation in the foreseeable future. Court documents reveal that Ziaei fled Iran after expressing opposition to the Iranian government and arrived in the United States in January 2024.
Although Ziaei's initial asylum request was denied, he was released in mid-2024 with permission to work, as authorities were concerned about the potential for his persecution if he were to be sent back to Iran. This type of provisional release is less common than asylum and permits U.S. officials to seek his removal to a safer country.
Ziaei had established a livelihood in Irvine, California, working in elderly care, food delivery, and as a personal trainer prior to his return to U.S. custody in June 2024. In court filings, an assistant field officer for ICE indicated that the agency's Enforcement and Removal Operations division began the process of vetting Ziaei for removal to a third country back in August. They initiated procedures to coordinate an interview with a foreign embassy that may accept him.
The U.S. attorney's office in New Mexico, which represents immigration authorities, did not provide a comment on the case as of Monday. Immigration authorities argued in court documents that they have a minimum of six months to arrange for removal, citing a 2001 U.S. Supreme Court ruling that is frequently referenced by immigrants detained for extended periods.
U.S. District Court Judge Matthew Garcia announced that he would issue an order for Ziaei's release within the next 24 hours, according to statements made by Landry and her fellow Innovation Law Lab attorney, Tiffany Wang. In a statement signed on December 2, Ziaei expressed that his prolonged detention at the Torrance County Detention Facility had resulted in anxiety and panic attacks. Furthermore, he indicated that necessary dental work for three tooth infections was postponed until his release, leading to weight loss and muscle deterioration.
Ziaei remarked, “This will make it hard to earn my livelihood as an athlete in the future," referring to his weight loss. His petition for release is part of a larger trend, as thousands of habeas corpus petitions have been filed in recent months to ascertain whether immigrants are lawfully held in custody.
