Federal Court Orders ICE to Release Pakistani Detainee Held Nearly Two Years
A federal court ordered ICE to release a Pakistani detainee held nearly two years due to failed transfer attempts.
Why it matters: This ruling highlights significant legal challenges around prolonged immigration detention and due process protections, vital for immigration lawyers and policy advocates watching detention rights and removal procedures.
- The detainee was held for approximately 21 months in a Louisiana ICE facility without removal.
- ICE sought transfer to UAE, which declined; Saudi Arabia, China, Kosovo, and Moldavia did not respond.
- The court cited Zadvydas v. Davis, ruling the detention unconstitutional without likely removal in the foreseeable future.
- A magistrate judge noted government inaction in pursuing some third-country removal options during detention.
A federal court in Louisiana has ordered U.S. Immigration and Customs Enforcement (ICE) to immediately release a Pakistani detainee who had been held in immigration detention for nearly 21 months. The prolonged detention occurred due to the government's failure to secure his transfer to a third country after removal efforts stalled.
The government had attempted to transfer the detainee to the United Arab Emirates, but the UAE declined. Attempts to engage Saudi Arabia, China, Kosovo, and Moldavia received no responses. According to a magistrate judge’s report, ICE "has not even started the process of attempting to remove" the detainee to some requested third countries despite the extended holding period. The detainee was held in an ICE facility in Louisiana during this time.
The court relied on the precedent set in the 2001 Supreme Court case Zadvydas v. Davis, which limits the detention period after a removal order when there is no "significant likelihood of removal in the reasonably foreseeable future." The judge stated that the detainee’s continued confinement “lacks any prospect of removal” and is therefore unconstitutional.
The ruling granted habeas corpus relief, effectively mandating the detainee's immediate release. This decision underlines recent legal scrutiny of prolonged immigration detention, especially for individuals who cannot be removed due to countries' refusals or governmental delays. Immigration lawyers and policy advocates view such cases as critical to ensuring due process protections against indefinite detention when removal is not feasible.
The court decision was issued on July 1, 2026. No public statements from ICE or other government agencies about the release or its implications have been reported.
By the numbers:
- 21 months — length of detention for the Pakistani national
- 5 countries — UAE declined transfer, Saudi Arabia, China, Kosovo, and Moldavia did not respond
- July 1, 2026 — date of the federal court decision