Afghan man battling brain cancer released from immigration detention

An Afghan man battling brain cancer is on his way back to his home in Lowell after spending more than a month in federal immigration detention.

Ihsanullah Garay was granted bond by an immigration judge in Georgia on Tuesday.

Garay, 38, was arrested in September after asking for directions in Methuen from a man he believed was a police officer, but was actually a federal immigration agent.

Garay's student visa is expired, but his lawyer, Hans Bremer, said he has an active work authorization and no criminal record. His attorney also said Garay has applied for political asylum.

Bremer said Garay’s health deteriorated while in custody. During a recent court hearing streamed by video, he said Garay appeared frail, with slurred speech and difficulty responding to the judge’s questions. Bremer said his client also suffered more frequent seizures while detained.

“There's no reason for him to be detained when he really needs to be seeing a doctor,” Bremer said.

The Department of Homeland Security acknowledged during his bond hearing that Garay was not a danger to the community, one of the conditions for release on bond, but argued he posed a high-flight risk because most of his family remains in Afghanistan.

Bremer disagreed and said Garay had attended all of his immigration hearings, and that his paperwork was up to date.

The judge set bail at $3,000.

“ I do think it was a stretch by the Department of Homeland Security,” Bremer said. “ I don't think is a very strong argument, and I think the judge obviously agreed with us.”

U.S. Congresswoman Lori Trahan, who represents Lowell and parts of eastern Massachusetts, said the country should be supporting families like Garay’s, not punishing them.

“We’re talking about someone who is literally fighting brain cancer while trying to support his family,” Trahan said.

Garay’s next immigration and asylum hearing is scheduled for Nov. 13.