A federal judge ordered the release of Hamid Ziaei, an Iranian migrant and bodybuilder detained by ICE for more than five months after his attorneys argued there was no reasonable prospect of removal to a country other than Iran. Ziaei, who fled Iran and arrived in the U.S. in January 2024, had previously been granted provisional work authorization despite a denied asylum claim. He was re-detained during an ICE check-in in June while officials pursued vetting for a third-country transfer. His lawyers say prolonged detention at Torrance County Detention Facility caused anxiety, deferred dental care and significant weight and muscle loss; the judge said he would issue a release order within 24 hours.
Federal Judge Orders Release Of Iranian Bodybuilder After Nearly Five Months In ICE Custody
A federal judge has ordered the release of Hamid Ziaei, an Iranian migrant and bodybuilder who had been held by U.S. immigration authorities for more than five months, his attorneys said Monday. They argued his continued detention violated due-process protections because there was no realistic prospect of removal to a country other than Iran, where Ziaei says he would face persecution.
Case Background
Court filings say Ziaei fled Iran after speaking out against the government and arrived in San Diego in January 2024. Though an asylum application was denied, immigration officials released him in mid-2024 with provisional work authorization amid concerns he could be persecuted if returned to Iran. That form of release is less common than asylum and allows authorities to pursue removal to a third, potentially safer, country.
Return to Custody and Agency Actions
Ziaei supported himself in Irvine, California—working in elderly care, food delivery and as a personal trainer—until he was taken back into custody during an Immigration and Customs Enforcement (ICE) check-in in June. In court documents, an ICE assistant field officer said Enforcement and Removal Operations began vetting Ziaei for transfer to a third country in August and initiated steps to "coordinate an interview with a foreign embassy that may accept him."
"The 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 with Innovation Law Lab, which represents Ziaei.
Health, Legal Context And Outcome
Ziaei’s attorneys said his prolonged confinement at the Torrance County Detention Facility caused anxiety and panic attacks, delayed dental treatment for three infected teeth, and led to noticeable loss of weight and muscle—effects he said could jeopardize his future livelihood as an athlete.
Immigration authorities, represented by the U.S. attorney’s office in New Mexico, declined to comment. In filings, they argued they have time—citing a 2001 U.S. Supreme Court precedent—that often allows immigration authorities up to six months or more to arrange removal while a detainee is held.
U.S. District Judge Matthew Garcia told attorneys he would sign a release order within 24 hours, according to Innovation Law Lab lawyers Rachel Landry and Tiffany Wang.
