Afghan Brothers Detained by ICE Make Court Appearance

Attorneys argue brothers should not have been re-detained as they await asylum case ruling.

Published on Feb. 5, 2026

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The attorneys for Afghan brothers Mohammad Imran and Mohammad Sajad Kohistani appeared in court on Thursday, arguing that ICE had no lawful authority to re-detain the brothers, who had been compliant with immigration proceedings for over three years as their asylum cases moved forward. The attorneys filed a petition for a Writ of Habeas Corpus to try to keep the brothers detained in Utah, but the court agreed they could be held at a jail in Wyoming while the petition is pending.

Why it matters

The case highlights ongoing tensions around immigration enforcement and asylum proceedings, with advocates arguing that the brothers have followed proper legal channels but are still facing detention, raising concerns about due process and fair treatment of asylum seekers.

The details

The Kohistani brothers were detained by ICE on Tuesday during a routine check-in related to their pending asylum cases. Their attorneys argued in court that the brothers have been completely compliant with immigration proceedings for over three years, and that there is no lawful justification for re-detaining them at this stage. The court agreed to allow the brothers to be held at a jail in Wyoming while the attorneys' petition for a Writ of Habeas Corpus is pending, in order to maintain jurisdiction over the case.

  • The Kohistani brothers were detained by ICE on Tuesday, February 2, 2026.
  • The first court hearing regarding their case was held on Thursday, February 6, 2026.

The players

Mohammad Imran

One of the Afghan brothers detained by ICE and facing deportation proceedings.

Mohammad Sajad Kohistani

The other Afghan brother detained by ICE and facing deportation proceedings.

Marti Jones

One of the attorneys representing the Kohistani brothers in their immigration case.

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What they’re saying

“We filed the petition for Habeas Corpus in this case because our belief in this case is that the government has no lawful authority at this point and time to re-detain these brothers.”

— Marti Jones, Attorney for the Kohistani brothers

“They've been completely, for over three years, compliant. Their case is moving forward in immigration court; they had an individual hearing scheduled.”

— Marti Jones, Attorney for the Kohistani brothers

What’s next

The court will rule on the petition for a Writ of Habeas Corpus, which could determine whether the Kohistani brothers remain detained in Wyoming or are released while their asylum cases proceed.

The takeaway

This case highlights the ongoing challenges faced by asylum seekers navigating the complex U.S. immigration system, with advocates arguing that even those who follow proper legal channels can still face detention and uncertainty about their futures.