Afghan man detained after ICE revokes parole, wins habeas corpus case
Mar 31, 2026 · Afghanistan
Najibullah Qasemi is a native and citizen of Afghanistan who entered the United States on December 18, 2023, and was paroled under 8 U.S.C. § 1182(d)(5) with a Notice to Appear scheduled for August 30, 2029. On March 31, 2026, ICE took him into custody during a routine check-in without providing notice of the factual basis for revoking his parole. According to ICE's I-213 form, the revocation was based on a check revealing that Qasemi "had not been granted any lawful status to be in the U.S." Qasemi has no known criminal history and had complied with all conditions of his parole, including periodic check-ins with ICE. A federal magistrate judge granted Qasemi's petition for writ of habeas corpus, finding that his re-detention without a hearing before a neutral adjudicator violated due process. The court ordered his immediate release with the same conditions he was subject to prior to his March 31, 2026 detention and enjoined respondents from re-detaining him without at least 7 days' written notice and a pre-deprivation bond hearing.
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