Ehsan Gholestani v. United States District Court, et al.

Summary

The United States District Court for the Western District of Oklahoma reviewed a magistrate judge’s recommendation to grant Ehsan Gholestani’s 28 U.S.C. § 2241 habeas petition challenging prolonged immigration detention under Zadvydas v. Davis. The Court found that Petitioner showed no significant likelihood of removal to Iran or a third country in the reasonably foreseeable future and that Respondents’ evidence was insufficient to rebut that showing. The Court adopted the Report and Recommendation, ordered Petitioner’s release subject to supervision, and directed Respondents to file a compliance status report within seven days.

Holdings

1. A noncitizen detained for more than six months after a final order of removal is entitled to release when the noncitizen provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future and the Government fails to rebut that showing with sufficient evidence.
2. The evidence established good reason to believe that Gholestani's removal to Iran or a third country was not significantly likely in the reasonably foreseeable future.
3. Respondents failed to rebut with sufficient evidence Gholestani's showing that removal was not significantly likely in the reasonably foreseeable future.

Questions Presented

1. Whether Gholestani's prolonged detention under 8 U.S.C. § 1231(a)(6) violated the Fifth Amendment Due Process Clause under Zadvydas v. Davis.
2. Whether Gholestani established good reason to believe that there was no significant likelihood of his removal in the reasonably foreseeable future.
3. Whether Respondents rebutted that showing with sufficient evidence of a reasonably foreseeable removal.

Disposition

writ_granted