Judge Blocks Deportation of Afghan Man to Pakistan
A federal court paused the removal of Sardar Akbari, a detainee held by ICE since late 2024, pending further review.
Updated on Nov. 3, 2026 in Immigration
A federal judge blocked U.S. Immigration and Customs Enforcement from removing Afghan national Sardar Akbari to Pakistan on a charter flight scheduled for November 3. The court also ordered the government to transfer Akbari back to the District of New Mexico.
Why it matters
The ruling halts a removal that Akbari's legal team argued was carried out without notice or a chance to present a claim of fear of persecution or torture. It highlights how deportation decisions can be challenged through emergency habeas proceedings even after a final order.
Akbari is currently detained at the Camp East Montana facility in El Paso, Texas, and the court has directed his transfer back to the District of New Mexico. A written order granting the temporary restraining order is forthcoming, with a 14-day bar on removal in place.
The players
Sardar Akbari
An Afghan national detained by ICE since late 2024 who was ordered deported and whose removal to Pakistan was blocked by a federal judge.
U.S. Immigration and Customs Enforcement
The federal agency responsible for immigration enforcement and detention, which planned the charter flight to Pakistan.
The details
Akbari entered ICE custody in late 2024 and suffered an acute mental health crisis when he learned of the planned deportation to Pakistan. The U.S. has no ability to carry out deportation flights to Afghanistan because it lacks diplomatic relations with the Taliban government, which complicated the removal plan.
Timeline
Late 2024: Akbari enters ICE custody.
November 3: Scheduled ICE charter flight to Pakistan is blocked by the court.
14 days: Court-ordered prohibition on Akbari's removal from the United States.
Legal Context
The ruling relies on the federal habeas process, which lets detainees ask district courts to review the lawfulness of their custody and removal. Such emergency relief can pause a removal even after a final deportation order has been issued.
Immigrants facing removal may be able to seek emergency court orders to pause a deportation if they were not given notice or a chance to present a fear-of-persecution claim. The ruling shows how such challenges can delay removal while a case proceeds.
The takeaway
Emergency court relief can halt a deportation even after a final order, especially when a detainee's safety or ability to present a claim is at issue. Staying informed about habeas procedures can help people understand their options when facing removal.
Further reading
For related coverage, explore more Immigration reporting on how federal courts review detention and removal decisions.
