ICE arrested the petitioner on 20 March 2025 when he appeared for a scheduled check-in, and an immigration judge ordered him removed to Iran on 26 November 2025. On 2 January 2026 ICE “nominated [Petitioner] for the next Special High-Risk Charter Mission to Iran, which was scheduled for January 25, 2026.” He was not removed then because of “mandatory quarantine protocols” at the staging facility where he was awaiting removal. ICE submitted a travel document request on 29 April 2026 and had not acquired travel documents. On 28 May 2026 it nominated him for an “upcoming” charter flight to Iran and was told that more information would follow, but the court recorded that “There is no indication that the local ICE office has received that information.” The court also recorded that the last removal mission to Iran took place in late January 2026, that removal missions were then paused because of the conflict with Iran, and that the conflict remains ongoing. The court concluded that the petitioner “has met his burden of providing ‘good reason’ to believe that ‘there is no significant likelihood of removal in the reasonably foreseeable future,’” and that the respondents “have failed to respond with sufficient evidence to rebut Petitioner’s showing.” It granted the petition, ordered his release, and did not address his other claims.
Caution Not a third-country removal case. No third country was proposed and the order records no fear-based claim; the removal in prospect was to Iran, the country named in the removal order. It is included for its record of post-order detention pending charter removal to Iran while removal missions were paused. Release is subject, as applicable, to an order of supervision, and the court did not reach the petitioner’s other claims. The separate order directing release was not read.
Prolonged detention (Zadvydas) Burden of proof Travel documents
This entry describes a court decision. It is a summary for readers who are learning how these cases work, not legal advice, and it does not tell anyone what to do in their own case. A decision may have been appealed, stayed, or superseded since this entry was written.