Attorney Michael Payma has officially and formally informed the ICE attorney and the presiding judge that enforcing the 2018 deportation order for Erfan Fard amounts to signing his death warrant in Tehran. Encouragingly, attorney Jonathan Sturman is awaiting the BIA‘s order on the stay of removal and both Texas senators. John Cornyn and Ted Cruz have officially received all letters of support and case reports from the attorneys.
However , the final decision now rests with Secretary Kristi Noam and ICE headquarters.
As the sun went down last night, I remembered a verse from Hafez, the Persian poet: “This strange state of mine, to whom can I tell it?”
On Wednesday, October 22, my attorney in Dallas, Michael D. Payma, formally wrote to the Assistant United States Attorney asking that I be released under OSUP supervision, after 211 days of re-detention by ICE since March 28, 2025.
Two hours later, the government’s own attorney kind, professional, and clearly a believer in human principles replied:
“I forwarded everything to ICE and my supervisor. I expect a call with the ICE attorney on Thursday. Contact me on Friday to follow up.”
When my attorney read those words over the phone, I felt my throat tighten. I had been waiting for physical transfer to the Islamic Republic of Iran to again face the dark faces of MOIS and IRGC agents, and to stand once more before Judge Qassem Salavati of Branch 15 of the Islamic Revolutionary Court, who, quoting the most violent verses of the Qur’an, would say: “You fought against God meaning Khamenei you collaborated with Israel, you are a spy for Mossad and the CIA. Death! For treason against the Islamic nation and the Supreme Leader!”
If I say I have seen this scene hundreds of times in my dreams, I do not exaggerate.
Since early October, my attorney had again submitted every document to ICE. I had lost all hope. But he tried with all his strength to explain that the author of The Dictator of Tehran a research work on religious despotism and Shiite Islamist terrorism during Ali Khamenei’s rule from 1989 to 2025 would face certain execution if returned to Iran. My analyses on the Islamic Republic’s terrorism, published in U.S. and Israeli media, as well as Arabic networks like Al-Hurra, Al-Hadath, and Al-Sharq, are the very reasons for my death sentence. Why, he asked, should America help enforce a 2018 deportation order that leads straight to a noose?
Meanwhile, a few supporters of the Iranian regime abroad so-called “human rights activists” and ideological leftists-celebrated the idea of my forced return. They wished to see my coerced confessions on Iranian state TV. But ICE and DHS ignored such childish fabrications and continued their serious review of the case.
My attorney later told me that ICE had stated:
“The case is now under internal review for decision in a short time.”
He added:
“Your political situation is being taken seriously at a higher level. Rarely does a case escalate like this it involves humanitarian and political sensitivity and certain persecution, torture, and execution if returned to Iran.”
Then he said, calmly: “This escalation is significant. It’s no longer just a matter of detention or deportation. AUSA, ERO, and OPLA now considered humanitarian release (OSUP).
They know that this is not about law alone-it’s about life.”
When he said that DHS under President Trump was considering deferred action or a pause of removal, tears ran down my face. I could not believe it.
I don’t know the internal guidance of DHS or ICE, but I know this: The United States has finally understood that ignoring the political risk of removal to Iran is the same as rewarding a terrorist regime.
After seven months of renewed detention, it seems that the U.S. government is now evaluating the conditions for my release under OSUP. The final signature will come from the Dallas Field Office Director and ICE Headquarters.
I called another attorney, Jonathan Sturman, in Los Angeles. His assistant Eduardo told me:
“They know you’re a writer and pro-Israel analyst. You’re not a danger or a flight risk. It’s a politically visible case. From a moral and American standpoint, ICE will free you. It’s a discretionary act of freedom.”
After hanging up, I thought about how wrong the public image of ICE often is. In my case, they considered an alternative resolution one based on humanity.
Another former attorney, James Irani, whom I called in New York, encouraged me. “Whenever you’re angry with ICE,” he said, “just call and curse me instead.” Then he added:
“ICE will issue the humanitarian OSUP. They know who you are. They know you became an international anti-regime voice.
If any DHS officer Googles Erfan Fard, they’ll see it’s a sensitive political custody case. Remember when you refused to board the plane to Iran in January 2019, the U.S. government spent $188,000 on a private jet to save your life. They even stamped your passport with a re-entry visa. You must never forget what America did for you.”
When he said that, I looked at the American flag waving softly in the autumn air inside the detention yard. I thought: Lord, since the first days of spring, you were with me here.
Then a message on my tablet appeared from my ICE case officer, Mr. Legg a kind man, for whom I’ve often translated Middle Eastern languages:
“I reviewed your attorney’s package and placed it in the file. I can assure you, the second I get guidance on this case, I will act quickly.”
I slept with a thousand thoughts.
By Friday, my attorney told me that an aide to Prince Reza Pahlavi had written, “We await good news.” His office, along with NUFDI, had also sent a support letter to Secretary Kristi Noem.
That morning, I called my father. He said:
“My heart is filled with joy and hope. Handle everything with wisdom and humanity. ICE has treated you with humanity. You owe your new life to them.”
Even though his calls are monitored in Iran, those few words were enough to calm my soul.
Now, only a short time emains before ICE decides on my OSUP release. Until then, I will spend my time in prayer and reflection. Many stood with me: Iran International, Israel National News, patriots like Mehryar Kaviani, and supporters who signed petitions or contacted Senators Ted Cruz and John Cornyn in Texas. Some even wrote to Prime Minister Netanyahu and David Barnea to ask Israel to protect me.
When I saw and heard all this human kindness, I could only weep with gratitude.
So, before any official announcement, I want to express my deepest thanks to President Donald J. Trump, Secretary Kristi Noem, the Acting Director of ICE, the Dallas Field Office Director, and the AUSA who handled my case.
They may have detained me again by mistake but they did not forget their humanity. As long as I live, the United States will be my refuge, and my heart will always beat for Israel.
As my Jewish friend from Alabama once reminded me while reading from the Torah:
“After the darkest night, there always comes a bright dawn.”