Mohammad Rafi Sediqi, a citizen of Afghanistan who entered the United States without inspection in July 2024, has been detained at the Denver Contract Detention Facility in Aurora for 20 months total. An immigration judge denied his asylum request and ordered him removed to Afghanistan in July 2025, with the order becoming final in August 2025. Despite ICE submitting removal documents to the U.S. Mission to Afghanistan in Doha, Qatar, in November 2026, the agency has made no meaningful progress toward effectuating his removal.
Judge Neureiter granted Sediqi's habeas corpus petition, finding that his prolonged detention violated the Supreme Court's ruling in Zadvydas v. Davis, which prohibits indefinite immigration detention when removal is not reasonably foreseeable. "The burden shifts to respondents to present sufficient evidence to show that removal is likely," Neureiter wrote, noting that ICE had failed to meet this standard. The judge ordered ICE to release Sediqi "immediately, but no later than within 24 hours of this Order."
The court was particularly critical of the government's failure to demonstrate progress toward removal. As Judge Neureiter observed, "Zadvydas rejected the proposition that continued detention is permissible 'as long as good faith efforts to effectuate . . . deportation continue.' . . . Instead, the government must actually make legitimate progress towards removal." The government's own response essentially conceded defeat, stating they "do not have additional information to present to the Court concerning the likelihood of Petitioner's removal to Afghanistan."
The case arose from Sediqi's challenge to his continued detention under 8 U.S.C. § 1231(a) and his due process rights. After receiving a Notice to Appear in October 2024, Sediqi underwent removal proceedings that concluded with an immigration judge's denial of his asylum claim in July 2025. ICE conducted post-order custody reviews in December 2025, determining he did not satisfy criteria for release, but the agency has been unable to secure travel documents or receive any response from Afghanistan regarding his removal.
ICE's efforts to remove Sediqi have stalled completely. The agency admitted that it "has not yet received a travel document for Petitioner or an adjudication of the letter of removal or transportation" and offered no timeline for when removal might occur. Sediqi argued that ICE's lack of transparency about removal efforts and the agency's failure to remove "many other similarly situated natives and citizens of Afghanistan" demonstrated that his removal was not reasonably foreseeable.
The ruling adds to a growing body of decisions in the District of Colorado ordering the release of Afghan nationals whose removals have been stymied by the current diplomatic situation. Judge Neureiter cited two recent cases from the same court, Ahrach v. Baltazar and Tran v. Baltazar, suggesting this issue has become increasingly common as the U.S. lacks effective repatriation arrangements with Afghanistan following the Taliban's return to power.
The court denied Sediqi's request for attorney fees without prejudice, finding that his motion failed to comply with local rules requiring an affidavit and legal authority. Judge Neureiter noted that if Sediqi chooses to refile the motion, "it must comply with all applicable rules and provide legal authority for the request." ICE must file a status report within two days certifying compliance with the release order.