Sediqi, a 26-year-old Afghan national, has been detained for 20 months total since entering the United States without inspection in July 2024, including more than seven months after an immigration judge ordered his removal to Afghanistan in July 2025. ICE submitted a removal letter to the U.S. Mission to Afghanistan in November 2026, but has received no travel document or response from the Afghan government regarding Sediqi's repatriation.
Judge Neureiter ruled that Sediqi's continued detention violates the Supreme Court's decision in Zadvydas v. Davis, which prohibits indefinite immigration detention when removal is not reasonably foreseeable. 'The Court finds that his continued detention contravenes Zadvydas,' Neureiter wrote, noting that the government failed to rebut Sediqi's showing that removal is unlikely in the reasonably foreseeable future.
The court was particularly critical of the government's inability to demonstrate progress toward removal, writing that 'Zadvydas rejected the proposition that continued detention is permissible as long as good faith efforts to effectuate deportation continue. Instead, the government must actually make legitimate progress towards removal.' The judge emphasized that merely continuing to pursue removal efforts was insufficient without concrete results.
The case highlights ongoing challenges with removing individuals to Afghanistan following the Taliban's takeover in 2021. ICE must work through the U.S. Mission to Afghanistan in Doha, Qatar, for all removal efforts to Afghanistan. After receiving Sediqi's notice to appear in October 2024, he was denied asylum and ordered removed in July 2025, with the removal order becoming final in August 2025 when no appeal was filed.
Government attorneys conceded they lacked evidence to support continued detention, stating they 'do not have additional information to present to the Court concerning the likelihood of Petitioner's removal to Afghanistan.' This admission effectively undermined their position under Zadvydas, which requires the government to show a significant likelihood of removal once the presumptively reasonable six-month detention period expires.
The ruling follows a pattern in the District of Colorado, where judges have increasingly granted habeas petitions for Afghan detainees facing indefinite detention. Judge Neureiter cited similar cases decided by colleagues Judge Philip A. Brimmer and Judge Charlotte N. Sweeney, suggesting growing judicial skepticism of prolonged Afghan detention cases without concrete removal prospects.
Judge Neureiter denied Sediqi's request for attorney fees without prejudice, finding that the motion failed to comply with local court rules requiring an affidavit and legal authority. The court ordered the government to file a status report within two days certifying Sediqi's release, which must occur within 24 hours subject to reasonable conditions set by ICE.