Former Afghan interpreter freed from ICE custody in San Diego

SAN DIEGO (FOX 5/KUSI) -- A former Afghan interpreter for the U.S. military is out of Department of Homeland Security (DHS) custody after a federal judge in San Diego ordered his immediate release last week.

Sayed Naser was detained by U.S. Immigration and Customs Enforcement (ICE) agents on June 12 following a mandatory immigration hearing at the federal courthouse in downtown San Diego. He was held at the Otay Mesa Detention Center for 106 days until his release on Friday, nonprofit AfghanEvac announced.

Naser, who served alongside U.S. forces in Afghanistan for over a decade, is reported to have entered the U.S. legally via a CBP One appointment last June, according to AfghanEvac. He has a pending SIV case and an active asylum case.

U.S. District Judge Gonzalo Curiel ruled in a habeas corpus hearing last week Naser's detention violated the Due Process Clause.

According to the partially redacted court documents, the judge found the government violated Naser’s due process rights by placing him into expedited removal proceedings while his original case was still pending, revoking his humanitarian parole without notice, explanation or the opportunity to be heard, and failing to provide the required written termination of parole. The Court found those actions were unlawful and ordered his immediate release on Friday, returning him to his original parole conditions.

Judge Curiel also prohibited the government from re-detaining Naser during his ongoing proceedings without the Court’s prior approval. 

The President and Board Chairman of AfghanEvac, Shawn VanDiver, posted photos and a video on social media platforms with Naser right after he was released from ICE custody.

VanDiver released the following statement on Naser's release:

On Thursday, AfghanEvac will be holding a press conference with Naser, his attorney, AfghanEvac president VanDiver, and several other stakeholders to give a public update following Naser's release.