Judge orders release of Iranian bodybuilder after nearly 5-month detention

Federal Judge Orders Release of Iranian Migrant Detained for Over Five Months

A federal judge in New Mexico has ordered the release of an Iranian bodybuilder who has been held by U.S. immigration authorities for more than five months with little progress toward deportation to a country other than Iran, where he fears persecution.

Hamid Ziaei was detained at the Torrance County Detention Facility after being taken into custody during a routine check-in appointment with U.S. Immigration and Customs Enforcement (ICE) in California this past June. His attorneys argued that the prolonged detention violated his due process rights.

“The U.S. government provided no evidence that there was any likelihood of Mr. Ziaei’s removal in the reasonable, foreseeable future,” said Rachel Landry, a staff attorney at Innovation Law Lab, who represented Ziaei in court.

According to court documents, Ziaei fled Iran after speaking out against the government there. He arrived in San Diego in January 2024 and requested asylum, which was rejected. However, immigration authorities granted him a provisional release with work authorization based on concerns he would face persecution if returned to Iran.

This type of provisional arrangement, which allows authorities to pursue removal to another, safer country, is far less common than asylum. Experts note that such arrangements have become increasingly complex amid deteriorating U.S.-Iran relations and limited diplomatic channels for negotiating returns.

After his initial release, Ziaei established a life in Irvine, California, working in elderly care, food delivery, and as a personal trainer. This stability was disrupted when he was unexpectedly taken back into U.S. custody during what he believed would be a routine check-in appointment in June.

Court filings from ICE indicate that the agency’s Enforcement and Removal Operations division only began vetting Ziaei for removal to a third country in August—two months after his detention—and later initiated procedures to “coordinate an interview with a foreign embassy that may accept him.” No specific timeline or target countries were identified in the documents.

The U.S. attorney’s office in New Mexico, representing immigration authorities, declined to comment on the case. In court filings, the government argued that under a 2001 U.S. Supreme Court ruling, they have at least six months to make removal arrangements before detention becomes potentially unlawful—a precedent frequently cited in prolonged detention cases.

U.S. District Court Judge Matthew Garcia rejected this argument and announced he would issue an order for Ziaei’s release within 24 hours, according to Landry and fellow Innovation Law Lab attorney Tiffany Wang.

In a statement signed earlier this month, Ziaei described the severe physical and mental toll of his detention. He reported suffering anxiety and panic attacks while in custody. He also stated that dental work for three tooth infections was deferred until his release, and he experienced significant weight and muscle loss.

“This will make it hard to earn my livelihood as an athlete in the future,” Ziaei said of the physical deterioration, highlighting the professional consequences of his extended detention.

Immigration advocates note that Ziaei’s petition for release is one among thousands of habeas corpus petitions filed in recent months challenging the lawfulness of immigrant detention. These cases reflect growing concerns about prolonged detention practices within the U.S. immigration system, particularly for individuals from countries where deportation pathways are limited by diplomatic or human rights considerations.

The case also highlights the challenges faced by the U.S. immigration system in handling migrants from countries like Iran, where diplomatic relations are strained and deportations are complicated by human rights concerns, leaving individuals in extended legal limbo while alternative solutions are sought.