When Psalm Behpoor was told he was getting his 90-day review at the ICE holding facility in Bakersfield, he thought his release was going to be a “slam dunk,” and he’d be able to return to his wife and 3-year-old child.

“I thought you know, slam dunk. If I’m going to go through the same process that I went through 22 years ago when I was released then I should be fine,” Behpoor told GV Wire. “In the last 22 years, I’ve graduated college, I have a career, I deal with people, I make people feel safe.”

Behpoor, a manager at Pismo’s Restaurant, was detained by Immigration Customs and Enforcement in June for a burglary he committed more than 20 years ago — a burglary since reduced to a nonviolent offense, clearing the way for him to get his citizenship.

In the months he’s spent in detention, he’s received more than 120 letters from the community, including judges, police officers, neighbors, family, and friends. Congressman Jim Costa, D-Fresno tried, unsuccessfully, to visit the Iranian immigrant when the representative toured the ICE Facility. Behpoor’s deportation officer also recommended release.

ICE Classifies Behpoor as Public Safety Risk

But a letter from an unnamed assistant field officer called him a danger to the community, a public safety risk to people and property, and a potential flight risk. Behpoor now has to wait for his six-month review. His wife, Lera Mirakyan, told GV Wire she’s upset, thinking he was going to come home.

He cannot be sent back to Iran because of a U.N. Convention Against Torture declaration, and other countries won’t accept him.

“So, the two choices are to let me go home and provide for my family or just stay here in detention because I’m some person that can’t get along with people,” Behpoor said.

Now, he’s applied for a pardon from Gov. Gavin Newsom and he says an investigation has begun. He’s also written a letter requesting a reconsideration of the 90-day review.

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75% of 400 Detainees at Facility Held for Expired Visas: Behpoor

Since being put in detention in June, Behpoor said he’s never seen anyone released. ICE organizes detainees based on three threat levels — red for most severe, orange for mid-level severity, and blue for people here for illegal entry. Behpoor’s status was reduced from red to orange.

Of the 400 people in detention there, Behpoor said 300 are ranked blue, meaning they’re only there for illegal entry. Of the 100 people he shares a dormitory with, most are Hispanic. There are one Iranian, four Afghanis, and six or seven Asians.

“They’re just here for expired visas,” Behpoor said. “No criminal history.”

Decisions about releases are made off-site, so Behpoor hasn’t met the Trump administration official who deemed him a public safety threat. He said if he did, he’d be willing to post bond and put on an ankle monitor.

He has been emailing back-and-forth with Newsom’s office working on the pardon for his past crime, but the ultimate decision still lies with the Trump administration.

Behpoor Regrets His Decades-Old Crime

Behpoor came to the U.S. from Iran when he was 3 years old. With his grandfather a supporter of the overthrown Shah, the U.N. issued him a protection of Convention Against Torture, meaning he cannot be sent back to Iran.

Shortly after his 18th birthday, he committed a burglary he said he’s long regretted. Along with a DUI more than seven years ago, those are the only two offenses he’s had. The DUI charge has been vacated.

In 2024, he was cleared for his citizenship after addressing the two offenses.

“I’m not a public safety threat, I’ve been a productive tax-paying member and graduated college,” Behpoor said. “I could comply with any stipulations. If they want to put me on house arrest, if they tell me you cannot leave the bedroom of your home, I’ll do that, just let me know. Anything but here.”