The Afghan refugee detained by U.S. Immigration and Customs Enforcement (ICE) officers after an asylum hearing this month had his case dismissed by a San Diego immigration judge Thursday. The decision could result in him being deported to Afghanistan, nonprofit #AfghanEvac said in a statement.
According to his asylum application, Sayed fled Afghanistan in 2023 after the Taliban killed one of his brothers at a wedding. Sayed and two of his brothers ran a company that contracted with the U.S. The application also says he worked as an interpreter for the U.S. military.
KPBS is only using his first name because he fears reprisal by the Taliban.
The two surviving brothers fled. Sayed first to Iran, then to Brazil. He made his way to Tijuana and was admitted into the U.S. legally via the now-defunct CBP One app last year.
On June 12, he went to immigration court in San Diego where the government said his notice to appear at the hearing was "improvidently issued" — a mistake — and asked the judge to dismiss his case.
Thursday, the judge did just that, VanDiver said.
"Dismissing this case dismisses his asylum claim," VanDiver said.
Sayed must now convince an asylum agent he has "credible fear" for his safety in Afghanistan. If he does, he'll start the asylum process all over again.
If he doesn't, he faces deportation — to Afghanistan or elsewhere.
The Department of Homeland Security (DHS) said June 19 on its X account that the government doesn't have evidence Sayed worked with the U.S. military.
Contracting and employment records viewed by KPBS indicate he did.
"We know (that) contract is valid," VanDiver said. "I think they just didn't look in the right place."
Sayed's surviving brother also made it to the U.S., where he was recently granted asylum.
"His brother's asylum case just got through," VanDiver said. "It's the same thing — they owned a company together."
DHS didn't respond to questions about Sayed's case Friday.
