SANTA FE, N.M. (AP) — A federal judge has mandated the release of Hamid Ziaei, an Iranian migrant and bodybuilder, who has been in U.S. immigration detention for over five months. Ziaei’s attorneys reported that he was held improperly with no signs of progress toward deportation anywhere other than Iran, where he fears persecution. They presented that his detention resulted in violations of due process rights at an immigration facility in New Mexico.
During a court session in Albuquerque, attorney Rachel Landry stated, “The (U.S.) government provided no evidence that there was any likelihood of Mr. Ziaei’s removal in the reasonable, foreseeable future.” Ziaei fled Iran after protesting against the government and made his way to the U.S., arriving in San Diego in January 2024. His initial asylum request was denied, yet he was temporarily permitted to stay and work due to risks of persecution upon his return to Iran, a rare form of provisional release.
Ziaei, who was previously living in Irvine, California, supporting himself through elderly care, food delivery, and personal training, found himself back in custody after a check-in appointment with U.S. Immigration and Customs Enforcement in June.
Court documents reveal that an ICE officer stated efforts were underway for Ziaei’s removal to another country, initiated in August.
Federal authorities stated in court that they are allowed a six-month window to arrange removal, according to a Supreme Court decision. Judge Matthew Garcia expressed intent to finalize Ziaei's release order within 24 hours.
Ziaei, in a signed statement, expressed the toll of his detention on his mental and physical health, disclosing experiences of anxiety and panic attacks along with deferred dental care for infections that led to weight and muscle loss, stating that this may impact his future as an athlete. His legal team highlighted that his petition for release is among many others filed recently to clarify lawful detention of immigrants.
During a court session in Albuquerque, attorney Rachel Landry stated, “The (U.S.) government provided no evidence that there was any likelihood of Mr. Ziaei’s removal in the reasonable, foreseeable future.” Ziaei fled Iran after protesting against the government and made his way to the U.S., arriving in San Diego in January 2024. His initial asylum request was denied, yet he was temporarily permitted to stay and work due to risks of persecution upon his return to Iran, a rare form of provisional release.
Ziaei, who was previously living in Irvine, California, supporting himself through elderly care, food delivery, and personal training, found himself back in custody after a check-in appointment with U.S. Immigration and Customs Enforcement in June.
Court documents reveal that an ICE officer stated efforts were underway for Ziaei’s removal to another country, initiated in August.
Federal authorities stated in court that they are allowed a six-month window to arrange removal, according to a Supreme Court decision. Judge Matthew Garcia expressed intent to finalize Ziaei's release order within 24 hours.
Ziaei, in a signed statement, expressed the toll of his detention on his mental and physical health, disclosing experiences of anxiety and panic attacks along with deferred dental care for infections that led to weight and muscle loss, stating that this may impact his future as an athlete. His legal team highlighted that his petition for release is among many others filed recently to clarify lawful detention of immigrants.
