SANTA FE, N.M. (AP) — A federal judge has ordered the release of Hamid Ziaei, an Iranian migrant and bodybuilder, after he spent over five months in U.S. immigration detention. Ziaei's legal representatives argued that he had been held without clear progress towards deportation to a country other than Iran, where he fears persecution.
In a hearing in Albuquerque, Ziaei's attorneys expressed concern that he had been detained in violation of his due process rights. They noted that, almost six months after his initial detention, there had been no evidence indicating a likelihood of his removal in the foreseeable future.
Rachel Landry, a staff attorney at Innovation Law Lab, stated, The U.S. government provided no evidence that there was any likelihood of Mr. Ziaei’s removal in the reasonable, foreseeable future. Court documents reveal that Ziaei fled Iran after he publicly opposed the government and arrived in the U.S. in January 2024.
Despite an initial asylum request being rejected, he was released later that year with work authorization due to fears of persecution upon return to Iran. This status, however, is less common than standard asylum, allowing authorities to consider removal to another safer country.
Prior to his detention, Ziaei had been working in California as a personal trainer and in other fields, which had helped him support himself and his family. His return to custody in June was unexpected and set off a prolonged legal struggle.
According to statements from Ziaei, his time in the Torrance County Detention Facility has led to increased anxiety and panic attacks. He also mentioned the deferral of dental work for infections during his confinement, which has resulted in weight loss and muscle deterioration—challenges for his prospects as an athlete.
U.S. District Court Judge Matthew Garcia stated he would formalize an order for Ziaei’s release within 24 hours as discussions were underway on the future of his case.
In related legal news, the immigration authorities argued that they have at least six months under a 2001 U.S. Supreme Court ruling to make removal arrangements.
