Attorney Barchiesi Secures Release of Iranian National Amid Rising U.S.–Iran Tensions and Immigration Crackdown

Attorney Robert C. Barchiesi, II, Esq. has secured the release of an Iranian-born national who had been held in prolonged ICE detention during a period of intensified immigration enforcement and heightened U.S.–Iran geopolitical tensions under President Trump and his administration.

The case, Salimitari v. Rivas et al., No. 2:25-cv-03991-DJH-MTM (D. Ariz.), challenged the legality of continued immigration detention where the federal government was unable to demonstrate that deportation to Iran was likely in the reasonably foreseeable future. Following extensive litigation, the Hon. Diane J Humetewa, a President Obama appointed jurist, of the United States District Court for the District of Arizona granted the petition for writ of habeas corpus and ordered the individual’s immediate release.

The ruling comes at a time when Iran remains at the center of global attention, with escalating tensions between the United States and Iran, ongoing instability within the region, and increasing scrutiny over U.S. immigration enforcement actions involving Iranian nationals. The Court found that, despite months in detention, the government failed to take meaningful steps toward securing travel documents or effecting his removal—highlighting the legal limits on prolonged ICE detention.

This case underscores a critical constitutional victory in upholding the limitations set out in the decision Zadvydas v. Davis, 533 U.S. 678 (2001): individuals cannot be held indefinitely in immigration custody where deportation is not realistically achievable. It also reflects broader challenges tied to deportation to Iran, including diplomatic barriers, lack of repatriation mechanisms, and evolving international conflict conditions.

Attorney Barchiesi and his office remain committed to defending individuals facing prolonged immigration detention and to ensuring that constitutional protections are upheld—even in the context of heightened enforcement and international conflict.

For more information regarding this case or similar immigration matters, please contact our office.

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