Mohammed Naser was being held in a Georgia detention center, but his lawyer says ICE agents got his country of origin wrong and detained him by mistake.
The Department of Homeland Security denied that claim.
He posted bond, and an immigration judge ordered his release on July 29, but ICE for a reason it has not said at this time.
His attorney said that when agents arrested him last month, they questioned him about ties to Iran despite him being from Libya.
He reportedly has no ties to Iran and has been seeking asylum in the United States. He also has a permit to work in the US.
On Monday, the Board of Immigration Appeals denied ICE’s motion for a discretionary stay, which cleared the way for his release.
His attorney said he still faces removal proceedings.
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