Tenth Circuit bars ICE from automatically restarting immigration detention period

A U.S. federal appeals court ruled that Immigration and Customs Enforcement cannot automatically restart the reasonable six-month period associated with immigration detention. Issued October 21, the decision rejected the federal government's position in Kaveh Abedi's case and specifically addressed restarting that clock.

The U.S. Court of Appeals for the Tenth Circuit reviewed and dismissed the government's argument in Abedi's individual case. The issue was whether the reasonable six-month period could automatically begin again with each new detention.

Abedi is an Iranian national who has lived in the United States since childhood. Before the review, he served a sentence for possession of controlled substances and then faced removal proceedings. Those facts form part of the personal and legal history before the court.

During removal proceedings, Abedi received legal protection against repatriation to Iran. The case therefore combines a prior conviction with the situation of a person protected from return to his country of origin. The available information does not specify the protection's additional scope.

The ruling prevents ICE from automatically restarting the six-month reasonable period and records the court's rejection of the federal position. The material does not indicate later action or a change in Abedi's status after the decision.