The Washington PostDemocracy Dies in Darkness

Federal judge orders U.S. to return Iranian who was deported under new order

January 29, 2017 at 9:37 p.m. EST
President Donald Trump signs an executive order imposing travel restrictions into the U.S. on immigrants and refugees at the Pentagon on Friday. (AP Photo/Susan Walsh)

A federal judge on Sunday ordered U.S. authorities to try to return to this country an Iranian man who was flown back to Dubai as a result of President Trump's executive order temporarily barring refugees from around the world and foreign nationals from seven Muslim-majority countries.

Ali Khoshbakhti Vayeghan had sued to stop his removal from the U.S., but before the court could rule, he was put on a flight to Dubai as part of a plan to get him back to Iran, according to an order from U.S. District Judge Dolly M. Gee.

[Amid protests and confusion, Trump insists: "This is not a Muslim ban."]

Gee ordered U.S. authorities to bring Vayeghan back to this country and to communicate her instruction to their counterparts in Dubai, declaring that Vayeghan had "demonstrated a strong likelihood of success in establishing that removal violates the Establishment Clause, the Immigration and Nationality Act, and his rights to Equal Protection guaranteed by the United States Constitution."

Gee wrote that Vayeghan had a valid visa to be admitted to the U.S.

[Officials worry that U.S counterterrorism defenses will be weakened by Trump actions]

Other courts also have blocked the enforcement of President Donald Trump's temporary ban on those from certain countries who actually made their way to U.S. airports. Gee's order is notable, though, in that it further commands U.S. officials to return someone who already had been removed.

When and whether that will happen remains unclear. The Los Angeles Times reported that Vayeghan was on an Iran-bound plane by the time the court order came down.