After a video of his arrest by masked Immigration and Customs Enforcement (ICE) brokers went viral in June, Afghan Sayed Naser was launched on September 26 following 106 days of detention.
On July 17, Naser’s lawyer Brian McGoldrick filed a petition for a writ of habeas corpus requesting his quick launch. McGoldrick argued that “makes an attempt to detain, switch, and deport [Naser] are arbitrary and capricious and in violation of the legislation.”
Afghan ally Sayed Naser was arrested and put in handcuffs by two masked Immigration and Customs Enforcement (ICE), regardless of his pending asylum request. pic.twitter.com/06oBHmCqI1
— motive (@motive) June 19, 2025
In accordance with court docket paperwork shared with Cause, the federal government opposed the petition, however Decide Gonzalo Curiel of the Southern District of California scheduled a listening to of Naser’s habeas petition on September 25. McGoldrick told Shawn VanDiver, president of #AfghanEvac, that in the course of the listening to, Curiel was “very inquisitive” and sounded “very pleasant to our place.”
On September 26, Curiel put out a summarized opinion ordering Naser’s quick launch. Curiel discovered that Naser “couldn’t have been legally subjected to and detained” given his standing on the time of his arrest, and that by revoking Naser’s parole with out offering notification, the federal government had denied “his due course of rights.”
In an October 2 press convention, McGoldrick stated that Naser was launched at 9:45 p.m. final Friday, and added, “we have been celebrating ever since.” Naser expressed gratitude for all of the People who supported his case, telling assembled press that his time in detention was “the toughest piece of my life.” “I believed that the time is stopped,” Naser stated, including that daily felt “like a month.”
When requested if his ordeal had modified his thoughts about desirous to be an American citizen, Naser replied, “I nonetheless imagine in America. I don’t really feel betrayed. I really feel hopeful due to what number of People stood up for me after I was arrested.”
McGoldrick additionally expressed gratitude for Naser’s supporters, significantly the volunteers who filmed Naser’s arrest, saying that with out their documentation, “no person would know what occurred.”
Following Naser’s launch, Curiel has restored the phrases of the parole Naser acquired when he legally entered the U.S. by means of the CBP One App in July 2024. Curiel has additionally ordered that “Respondents shall not trigger [Naser] to be re-detained in the course of the pendency of his elimination proceedings with out prior go away of this Court docket.”
Now, Naser and McGoldrick should return to sq. one and put together his asylum declare as soon as extra earlier than a brand new decide in San Diego immigration court docket.
The Taliban murdered Naser’s brother in 2023. A Particular Immigrant Visa applicant who had labored with U.S. forces for 2 years in the course of the Afghanistan Struggle, Naser fled to Brazil in April 2024 and made his technique to the U.S.-Mexico border. Like many parolees who utilized the CBP One App to say asylum, Naser was advised that his parole was revoked in a letter from the Division of Homeland Safety in April.
It was after presenting his asylum case in immigration court docket in June that Naser was arrested. The federal government stated that Naser’s discover to look had been “improvidently issued,” however supplied no additional details about their allegation. On June 26, a federal judge dismissed Naser’s asylum case, which positioned him in expedited elimination proceedings.
Whereas Naser’s launch is a constructive improvement, McGoldrick stated he’s now representing one other Afghan, Habib, who’s at the moment in ICE custody.
Like Naser, Habib had entered the U.S. on parole in 2024. McGoldrick says that Habib had acquired work authorization and had filed an asylum declare when he was arrested on September 19. McGoldrick defined that Habib had been performing a supply at a U.S. navy base in California when base personnel seen that he had a restricted license.
In accordance with McGoldrick, base personnel referred to as navy police to the scene, and Habib was advised that he couldn’t depart the bottom till ICE arrived and took him into custody.
Habib has a spouse and two younger youngsters. With no cash coming in, McGoldrick experiences that Habib’s spouse can not afford lease and is dealing with eviction. McGoldrick is working professional bono on Habib’s case and filed a habeas petition for his launch on September 29.
After Naser’s launch, VanDiver famous that whereas the judicial system has been profitable in attaining help for Afghans in detention, the U.S. can not go about rectifying “only one case at a time. We want Congress, corporations, and residents to step up.”
