A federal judge on Monday rejected the government's request to reverse his order that led to the release of an Afghan man from immigration detention last week who previously worked for the U.S. military as an interpreter before moving to Connecticut.
Attorneys with the U.S. Department of Justice said in a motion last week that U.S. District Judge Leo T. Sorokin "clearly erred" when he issued a ruling on Oct. 3 that ordered the government to grant the interpreter a bond hearing before an immigration judge.
The government has argued the man — who they have called a risk to national security and the subject of serious criminal allegations without providing more detail — is subject to mandatory detention under current immigration law. Sorokin disagreed, ruling the man could be released.
At the bond hearing on Oct. 9, an immigration judge granted the man a $15,000 bond, court records show. He posted bond and was released last week from the Plymouth County Correctional Facility in Massachusetts, where he'd been held since July 16, when six masked agents with U.S. Immigration and Customs Enforcement arrested him during a routine visit to a federal immigration office in East Hartford.
The man's attorneys and other supporters have asked the media to refer to him as Zia, citing safety concerns for members of his family who still live in Afghanistan.
"I am deeply grateful to be reunited with my family and community," Zia said in a statement released through one of his attorneys last week. "I came to this country because I believed America would protect me and my family after I had proudly served alongside American troops in Afghanistan. I still believe in America, and I want to continue rebuilding my life here and contribute to the community that has welcomed me."
In a statement to CT Insider late Friday, the U.S. Department of Homeland Security — which oversees ICE — said that "one lone activist judge has released (Zia), a national of Afghanistan masquerading as an interpreter and (a) suspected terrorist, into our communities."
"The Trump administration is committed to restoring the rule of law and common sense to our immigration system — including not allowing terrorists to roam free in our country," the agency said in the unsigned statement, which it said was attributable to a senior DHS official. "We will continue to fight for the arrest, detention and removal of aliens who have no right to be in this country."
Attorney Lauren Petersen, Zia's lead immigration counsel, called that statement "a cowardly smear" that was "gutlessly issued anonymously."
"Two federal judges saw this lie for what it is: a fabrication by a vindictive administration that would rather tear innocent people apart than admit a mistake," Petersen said in a statement. "Zia loves this country, served it honorably and looks forward to building a life in our community, which continues to embrace him."
Attorney Chris Mattei, of Koskoff, Koskoff & Bieder, who is representing Zia in federal court, called his release "a step toward justice" but said in a statement last week that "justice will not be done until he and his family are granted the permanent status that he courageously earned."
Zia was reunited with his wife and five children in Connecticut after his release, according to a statement from U.S. Sen. Richard Blumenthal, D-Conn., who has advocated for the man's release.
"Zia was finally able to return home to his loved ones after his unlawful, unconscionable detention by ICE," Blumenthal said. "Zia put his life on the line to aid our troops during the conflict in Afghanistan, he — and all of our wartime allies who worked with our service members — deserve our unwavering protection."
Most immigration cases are handled in immigration court, which falls under the Executive Branch, not the Judicial Branch. Sorokin ruled on Zia's case because his attorneys filed a writ of habeas corpus — one of the only ways to get an immigration case into federal district court.
Now, Zia's case continues on two parallel tracks: immigration court and the district court case.
Zia worked as an interpreter for U.S. forces in Afghanistan from 2005 to 2009, Sorokin said in his Oct. 3 order. He fled to Pakistan in 2021 after the Taliban began to retake the country and came to Connecticut, where his brother was already living, in October 2024 under a process known as humanitarian parole. ICE revoked Zia's parole after his arrest, the order said.
"If Zia is deported ... he faces death," Petersen told reporters during a virtual press conference in July. "There's a certain threat to his life."
In a court filing in July, ICE acting Deputy Field Office Director John Charpentier said the agency arrested Zia after the FBI told it around May 24 that he "is a risk to the national security of the United States."
The filing didn't give any evidence for that claim or provide any details on how or why ICE and the FBI believed Zia posed a risk to national security.
DHS previously told CT Insider in a statement that Zia was "currently under investigation for a serious criminal allegation."
Zia's attorneys have rejected both claims.
Sorokin had ordered the government to submit documents supporting its claim that Zia posed a threat to national security so he could review them privately.
The judge didn't address the allegation in detail in his Oct. 3 order, but he did say the FBI received a tip in May suggesting Zia might pose a threat.
"As far as the FBI tip is concerned, the respondents have not argued, let alone shown, that the information provided to ICE justifies (Zia's) mandatory detention," Sorokin wrote.
The judge also said that "nothing before the court suggests (Zia) has a criminal record."
Blumenthal previously called the government's claims that Zia poses a risk to national security "bologna" and "bunk."
"And I could give it another four letter word, but I won't," he told reporters in August after he visited Zia at the Plymouth detention facility.
In his statement following the release, Blumenthal vowed to keep fighting for Zia.
"I am heartened by his release yesterday, and I will continue fighting to ensure he has a clear pathway for permanent legal status to bring him and his family safety and certainty," the senator said.
Koskoff, Koskoff & Bieder said in a statement that it "will continue pursuing permanent humanitarian protections for Zia and his family."
Sorokin left the door open for the government to re-file its request for him to reconsider his order, subject to additional stipulations. That motion must be filed within 14 days after the end of the federal government shutdown, which began Oct. 1, Sorokin said.
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