The prolonged detention of immigrants without a clear horizon of deportation came under judicial scrutiny again after a federal judge ordered the release of Hamid Ziaei, an Iranian citizen detained by immigration authorities for more than five months.

The case exposed the legal limits of immigration custody when the The government failed to justify that a deportation was viable within a reasonable timeframe.

The court ruling and the release order

According to the Associated Press, Federal Judge Matthew Garcia of the U.S. District Court in New Mexico concluded that the government did not present sufficient evidence that there was a real and foreseeable possibility of deporting Ziaei within a reasonable timeframe. Therefore, he announced that he would issue an order for his release within a maximum of 24 hours.

During the hearing held in Albuquerque, the migrant's lawyers argued that his detention violated his constitutional due process protections. According to Rachel Landry, an attorney with the Innovation Law Lab, immigration authorities did not provide concrete evidence demonstrating progress toward deporting Ziaei to a country other than Iran, where he fears persecution. According to court documents cited by the AP, the government argued that it has up to six months to process a deportation, citing a 2001 Supreme Court ruling that is often invoked in cases of prolonged immigration detention. However, the judge determined that this timeframe cannot be automatically applied if there are no concrete steps taken toward the detainee's removal. The origin of the case and Hamid Ziaei's detention: Hamid Ziaei arrived in the United States in January 2024, entering through San Diego, after fleeing Iran for expressing opinions critical of the government, according to court documents cited by the Associated Press. Although his asylum application was later rejected, the authorities acknowledged the risk he would face if he returned to his country. In mid-2024,Ziaei was released under a provisional work permit, a rare status that allows someone to remain temporarily in the U.S. while the government searches for a third country to which to deport them. Thanks to this permit, he worked in Irvine, California, caring for the elderly, delivering food, and as a personal trainer. His situation changed in June when he attended a routine registration appointment with Immigration and Customs Enforcement (ICE) in California. During that meeting, he was detained again and taken to the Torrance County Detention Center in New Mexico, where he remained in custody without a concrete deportation plan being finalized. The impact of the detention and what's next for his case: In a signed statement dated December 2, Ziaei recounted that his prolonged detention caused him anxiety and panic attacks, as well as affecting his physical health. According to the Associated Press, he also reported that dental treatments for several infections were postponed and that he lost weight and muscle mass during his detention, which could jeopardize his future as an athlete and coach. Ziaei's request for release is one of thousands of habeas corpus petitions filed in recent months by migrants seeking to challenge the legality of prolonged detentions without clear progress. Meanwhile, his defense team hopes the court order will allow him to regain his freedom while his immigration status is definitively determined. Continue reading: A poll of Republicans says Trump is “going too far” with deportations. Migrants who were one step away from becoming Americans, but the Trump administration canceled their citizenship ceremony. “I will take the criticism”: Audio revealed in trial against judge accused of aiding immigrants.in addition to affecting his physical health. According to the Associated Press, he also reported that dental treatments for various infections were postponed and that he lost weight and muscle mass during his detention, which could jeopardize his future as an athlete and coach.

Ziaei's request for release is one of thousands of habeas corpus petitions filed in recent months by migrants seeking to challenge the legality of prolonged detentions without clear progress. Meanwhile, his defense hopes that the court order will allow him to regain his freedom while his immigration status is definitively determined.