Federal Judge Blocks ICE From Deporting Iranian Father Who’s Lived in Oregon for 26 Years

EUGENE, Ore. — An Iranian immigrant, arrested by ICE officers last month, will not be deported from the United States following a ruling by U.S. District Judge Mustafa T. Kasubhai of Eugene.

The immigrant, identified in court records as S.F. from Yamhill County, was on his way to a gym when he was arrested by ICE agents on June 24.

Judge Kasubhai found that the Iranian was arrested without a ‘rational explanation.’ He was scheduled to meet with ICE officials on July 7 for a regular check-in.

Immigrant Is Married To an American, Has Two Children Born in the U.S., and Is a Regular Church-Goer

The judge noted that since his arrival in the U.S. 26 years ago, S.F. has married a U.S. citizen, has two children born in the country, and is an active member of his local church.

S.F. was arrested last month with ICE agents citing him as a danger to the community based on a first-degree theft conviction in 2023. The judge dismissed this explanation as lacking in merit or credibility.

The judge noted that the Iranian would face danger if deported because he had converted to Christianity. As a former Muslim, he could face torture or even execution because of changing his faith as a former Muslim.

The judge described Iran as a ‘hostile and dangerous place’ for someone like S.F.

Judge Kasubhai granted a preliminary injunction and instructed the government not remove S.F. from the country.

However, the Iranian will remain in detention in an ICE facility in Tacoma until an evidentiary hearing next month, when the judge will consider a habeas petition seeking the release of S.F. from ICE custody.

S.F. arrived in the U.S. in August 1999 on a visitor’s visa and was under U.S. Immigration and Customs Enforcement (ICE) supervision at the time of his detention.

The Iranian faced deportation in the early 2000s when he sought asylum, which was denied in 2002. S.F. then filed an appeal, which was denied by the Board of Immigration Appeals early in 2004.

However, the government never instituted the removal order after his release on supervision in April 2006, following his detainment in the ICE detention center in Tacoma in December 2005.