SANTA FE, N.M. (AP) — A federal judge is ordering the release of Hamid Ziaei, an Iranian migrant and bodybuilder, who has been held by U.S. immigration authorities for over five months. Ziaei’s attorneys stated he was detained without apparent progress on deportation to any country other than Iran, where he fears persecution.
During court proceedings in Albuquerque, Ziaei's attorneys argued that he was being held in violation of his due process rights at a detention facility in New Mexico, nearly six months after being taken into custody during a check-in appointment with U.S. Immigration and Customs Enforcement (ICE) in California.
Rachel Landry, a staff attorney for Innovation Law Lab, commented, The (U.S.) government provided no evidence that there was any likelihood of Mr. Ziaei’s removal in the reasonable, foreseeable future. She noted the importance of this lack of evidence in the court's decision.
Ziaei had fled Iran after voicing his opposition to the government and arrived in the U.S. in January 2024. Although his asylum request was initially denied, he was later granted provisional release with work authorization based on persecution fears if he returned to Iran. However, he was re-detained in June 2024.
Before his re-arrest, Ziaei worked in various jobs including elderly care and food delivery in Irvine, California, and had been a personal trainer. His prolonged detention led to severe anxiety and physical health issues, including three dental infections and significant weight loss, which he claims will hinder his future as an athlete.
ICE officials stated that removal vetting for Ziaei began in August, yet no substantive progress was made until the case reached the courts. U.S. District Court Judge Matthew Garcia indicated he would issue an order for Ziaei’s release within 24 hours, a move that highlights ongoing concerns about the treatment of migrants in the U.S. immigration system.
