The day after his son’s birthday, Psalm Behpoor got a call from Immigration and Customs Enforcement.

The caller didn’t tell Behpoor much other than agents wanted to interview him. The 41-year-old father went to the downtown Fresno office. Once there, agents separated him from his lawyer, questioned him, and took him into custody.

“They already had the plan in place to detain me, they just didn’t tell me,” Behpoor said.

Knowing President Donald Trump’s stance on immigration, the Iranian refugee and general manager of Pismo’s Restaurant had been working since 2024 to get his green card (permanent resident) reinstated and rejoin the path to full-fledged citizenship.

Behpoor came to the U.S. when he was 3 years old, fleeing the country with his mother after the overthrow of the Shah. The memory of their hasty journey remains fresh in his mind. He and other children were hidden in the trunk of a car destined for Turkey. Later, Behpoor and his mother flew to England, where they resided before coming to the United States.

So, why is he languishing behind bars?

A burglary charge from when he was 18 years old caught the attention of immigration officials — a charge eventually reduced to a non-deportable, nonviolent felony.

However, ICE looks at arrest records, not convictions, Behpoor said. The arresting agent told him he shouldn’t have been picked up.

“Even if they drop the charges, vacate the charges, or reduce the charges, they go off of arrest records, not convictions,” Behpoor told GV Wire in a phone interview from a detention center in Bakersfield. “So, you’re not innocent until proven guilty. You could have a false accusation and they drop the charges.”

Nearly 72% of ICE Detainees Have No Criminal Convictions

In a response to GV Wire, an ICE spokesperson said all immigrants violating immigration law could be arrested, detained, and deported.

“U.S. Immigration and Customs Enforcement is executing its mission of identifying and removing criminal aliens and others who have violated our nation’s immigration laws,” the spokesperson said in a statement. “All aliens in violation of U.S. immigration law may be subject to arrest, detention and, if found removable by final order, removal from the United States, regardless of nationality.”

As of June 29, 71.7% of the nearly 57,861 people detained by ICE had no criminal convictions, according to the Associated Press.

Of those with criminal convictions, only 6.9% had committed a violent crime.

For nearly two months, Behpoor — the only breadwinner in his family — has been in detention. He awaits a court date to plead his case.

With his convictions reduced and considered by the court to be nondeportable, he’s optimistic he’ll return to his family. But he’s been told that with the new administration, that may not matter.

Behpoor could be sent to any number of countries. He could even end up back in Iran, he said — the country for which the U.S. provided Behpoor and other relatives a Convention Against Torture designation. That was because of his family’s relationship with the overthrown Shah’s regime.

“This administration is sending people like me to Costa Rica, to Africa or Sudan, these countries that aren’t fit to take people like me,” Behpoor said. “They’re going to look at me like I’m some sort of hardcore criminal.”

Ice Not Taking the ‘Worst of the Worst,’ Taking the ‘Best of the Best’: Fansler

In 2002, a couple days after turning 18, Behpoor burglarized a car and a home, he told GV Wire.

“I was stupid for what I did,” Behpoor said. “It was my choice, my fault.”

He spent two-and-a-half years on house arrest. His only other encounter with the law was a 2019 DUI charge later vacated, he said. His thoughts since then surround the victims of the burglary.

“I really hurt these people, their sense of security,” Behpoor said. He found his passion in an industry where he helps people — hospitality.

For 10 years, Behpoor has worked at Pismo’s, eventually becoming general manager and, in the words of owner Dave Fansler, a “beloved individual.”

“You watch TV and they talk about ‘we’re taking the worst of the worst,’ and that’s totally not true,” Fansler said. “You’re taking the best of the best. And there’s not a process in place for people like Psalm that fall into this weird area.”

Behpoor Waiting Like Many Others in ‘Limbo’

Behpoor doesn’t know his odds of getting deported, but he says he’s optimistic about returning to his loved ones and his job. He took the extra steps in 2024 to adjudicate his past charges, spending $60,000 in the process.

Deportation frightens him. But beyond deportation, the months separated from his family have taken their toll. The mounting number of arrests extend out the time before people get hearings, Behpoor said.

Lera Mirakyan, Psalm’s wife, said she’s been stressed without him. Their son, Psalm Wally — named after Lera’s father, has been talking more and more.

She wrote this about her husband:

“My husband Psalm is the best husband and the best father for our son. He’s an an incredible human being, he does so much for us, he supports us with all the needs we need — financially and emotionally.

He handles everything in this household. My husband is kind, loyal and trustworthy, caring and the sweetest. He works so hard, but during the time he isn’t, he comes home and plays, teaches, and shows our little son how to be a good Christian and a loving boy. My son is in love with my husband. I couldn’t ask for a better father.

My husband works so hard not because he has to, but because he loves to. And he’s not just a great husband and father, he is an amazing friend to everyone. Anytime a friend needs advice or anything, he is always there. And not just friends, it can be even strangers. He loves to help everyone. The Fresno community loves him, but most importantly, he’s a godly man.”

Behpoor said he, like many other detainees with him, have been torn from families they support, waiting with no end date.

“There’s so many of us that share the same story that I have in here right now, waiting for a judge for months. Why? I just want to know why?” Behpoor said.