ICE Habeas: Afghan Man Granted Withholding of Removal Subject to Prolonged Detention in Mississippi

At a Glance

Date Filed: 

August 26, 2026

Current Status 

On August 26, 2026, A.F. filed a Temporary Restraining Order (“TRO”) requesting the court halt an imminent third-country deportantion and uphold his constitutional and statutory rights to seek protection from torture and persecution.

Co-Counsel 

National Immigration Project 



Client(s) 

A.F.*

Case Description 

A.F.*, a man from Afghanistan who has been detained for over one year and eight months, is challenging his unlawful detention in immigration custody at Adams County Correctional Center in Natchez, Mississippi – a privately-run facility that is currently the largest ICE prison in the country. ICE refused to release Mr. F. despite the fact that on July 28, 2025, he was ordered removed and granted withholding of removal to his native Afghanistan. ICE has made no apparent efforts to remove him since then.

On March 4, 2026, Mr. F. filed pro se (on his own behalf) a habeas petition challenging his indefinite detention. Mr. F’s habeas petition primarily brings Zadvydas claims under 8 U.S.C. § 1231 and the Due Process Clause. Mr. F has been detained for over one year with a final removal order, well exceeding the six-month period that is presumptively reasonable according to the Supreme Court. Zadvydas v. Davis, 533 U.S. 678, 701 (2001). Mr. F’s habeas petition was fully briefed as of May 1, 2026, but the assigned Magistrate Judge did not issue any orders until July 27, 2026, after Mr. F. had also filed a pro se mandamus petition in the Fifth Circuit. On July 27, the Magistrate Judge ordered the government to file a status update, with an accompanying declaration, within 14 days. Though, of course, the court could have simply granted Mr. F’s habeas petition. Mr. F. recognizes this briefing is repetitive and unnecessary. On August 7, 2026, the Fifth Circuit denied Mr. F’s mandamus petition because his habeas petition had only been ripe for decision for 25 days when he filed the mandamus.

*We use our client’s initials and have redacted his name and identifying information from case documents in order to protect his privacy and security.



Case Timeline

August 26, 2026
Mr. F. files a motion for a temporary restraining order and emergency hearing
August 26, 2026
Mr. F. files a motion for a temporary restraining order and emergency hearing