California Federal Judge Orders ICE To Release Iraqi Detainee After 'No Opposition'

A California federal judge on Monday ordered immigration authorities to immediately release an Iraqi national who has been detained for over a year, granting a temporary restraining order after the government said it was "not presenting an opposition argument to Petitioner's claim."

Kristiyan Jamil Adib, an Iraqi citizen detained at Adelanto ICE Processing Center since March 2025, had pleaded guilty to felony firearm possession and assault charges in 2021. He was later sentenced to 34 months on federal gun charges before being taken into immigration custody and ordered removed to Iraq despite claiming he would face torture there.

Judge Sunshine S. Sykes granted Adib's emergency application for release, noting the government's unusual decision not to oppose the petition. "Respondents indicate that they 'are not presenting an opposition argument to Petitioner's claim,'" Sykes wrote, ordering ICE to "release Petitioner from immigration detention forthwith."

An immigration judge had previously denied Adib's request for protection under the Convention Against Torture in November 2025, despite an initial credible fear finding. Adib argued the government cannot show "a significant likelihood of his removal to Iraq anytime in the near future."

The ruling highlights ongoing challenges with prolonged immigration detention when removal is unlikely. ICE must file a compliance report within three days, and the case has been referred to a magistrate judge for further proceedings.

Counsel

Counsel information was not provided in the court documents.

Case: The case is Kristiyan Jamil Adib v. D. Marin et al., case number 5:26-cv-01593-SSS-E, in the U.S. District Court for the Central District of California.

Court

Central District of California

Case Name

Kristiyan Jamil Adib v. D. Marin et al

Docket

5:26-cv-01593