Charlotte, North Carolina, December 20, 2025
A federal judge in Charlotte has accused federal authorities of violating the due process rights of an asylum seeker, Mostafa Said. The judge ordered that Said be presented before an immigration judge within 48 hours and issued a temporary restraining order to prevent his deportation. The case has raised significant concerns regarding federal immigration practices and the rights of individuals seeking asylum in the United States.
Charlotte Judge Accuses Federal Authorities of Due Process Violations in Asylum Seeker’s Case
Charlotte, North Carolina – A federal judge in Charlotte has strongly criticized federal authorities for allegedly violating the due process rights of an asylum seeker, ordering that the individual be brought before an immigration judge within 48 hours. U.S. District Court Judge Max Cogburn Jr. issued a temporary restraining order this week, preventing the deportation of Mostafa Said, an Egyptian national seeking asylum, and mandated that Immigration and Customs Enforcement (ICE) present him for a bond hearing. The judge’s ruling came after federal officials presented changing explanations for Said’s detention.
Federal Agencies Under Scrutiny
The incident revolves around the detention of Mostafa Said, who had previously been released on parole after fleeing Egypt and seeking asylum. Said was detained again in Charlotte last month during an operation by the U.S. Border Patrol. His lawyer subsequently filed a petition seeking a court order for federal authorities to justify his detainment and provide an opportunity for a bond hearing.
During a heated hearing on Wednesday, Judge Cogburn highlighted significant “factual and legal discrepancies” in the arguments presented by federal officials regarding Said’s detention. Initially, Secretary of Homeland Security Kristi Noem, U.S. Attorney General Pamela Bondi, and ICE Director Todd Lyons stated in court filings that Said was detained for violating parole conditions. However, the government later altered its position, with Assistant U.S. Attorney Gill Beck Sr. asserting that Said’s parole, issued in November 2024, had automatically expired after one year. This shifting narrative drew sharp rebuke from Judge Cogburn.
The judge expressed deep concern over attempts to hold Said without due process, emphasizing that asylum seekers are entitled to this fundamental right. He also openly criticized the enforcement tactics employed by federal officers, at one point comparing agents wearing masks to a shooting suspect. Judge Cogburn underscored the importance of law enforcement being transparent, urging agents to show their faces and wear badge numbers.
The Judge’s Mandate and Asylum Seeker’s Journey
In his ruling, Judge Cogburn ordered ICE to ensure Mostafa Said appears before an immigration judge in Charlotte by Friday, December 20, 2025. This order also included a temporary restraining order, strictly prohibiting federal authorities from removing Said from the continental United States or altering his legal status until the hearing. The judge warned that failure to comply with these terms could result in the government and named officials being held in contempt of court.
Mostafa Said’s journey to asylum began in September 2024 when he was initially detained by ICE agents after crossing the Mexico-California border. He was later released on parole in November 2024 under a federal law that permits ICE to release individuals for “urgent humanitarian reasons.” Said informed authorities he was seeking asylum due to persecution in Egypt. After his release, he transferred his asylum case to Charlotte, a move permitted by a California immigration judge, and has since complied with all ICE requirements, according to court documents. His asylum court date is currently set for 2027, and he received authorization to work in the country through 2030. Details of his asylum claim remain sealed to protect his safety.
Broader Context of Asylum Law and Detention (Nationwide)
The ruling in Charlotte highlights ongoing discussions about the rights of asylum seekers within the U.S. legal system. Nationally, individuals seeking asylum have the right to remain in the United States while their applications are being processed. Federal judges have previously ruled against blanket detention decisions for asylum seekers, instead requiring individualized reviews of each case. For instance, a 2018 nationwide preliminary injunction mandated the Department of Homeland Security to adhere to a 2009 directive requiring such individual assessments, moving away from policies that led to significantly lower parole grant rates for asylum seekers who had demonstrated a credible fear of persecution.
Historically, immigration courts in Charlotte have had a high rate of asylum claim denials. Data from 2013 through 2018 indicates that federal immigration judges in Charlotte denied asylum in 88% of cases, significantly higher than the nationwide average denial rate of 56% during the same period.
This recent judicial action in Charlotte underscores the continued legal scrutiny over federal immigration enforcement practices and reaffirms the importance of due process for asylum seekers, even those apprehended within the country’s interior.
Frequently Asked Questions
What is the main news event?
A federal judge in Charlotte has accused federal authorities of violating the due process rights of an asylum seeker, ordering that the individual be brought before an immigration judge within 48 hours.
Who is the asylum seeker involved?
The asylum seeker involved is Mostafa Said, an Egyptian national.
Which federal judge issued the order?
U.S. District Court Judge Max Cogburn Jr. issued the order.
Which federal agencies are under scrutiny?
U.S. Border Patrol and Immigration and Customs Enforcement (ICE) are the federal agencies under scrutiny.
What rights were allegedly violated?
The federal judge accused authorities of violating the due process rights of the asylum seeker.
What did the judge order ICE to do?
Judge Cogburn ordered ICE to bring Mostafa Said before an immigration judge in Charlotte within 48 hours and barred agents from deporting Said before then.
What is the broader context of asylum seeker rights (Nationwide)?
Nationally, individuals seeking asylum have the right to remain in the United States while their applications are being processed.
What is the historical asylum denial rate in Charlotte immigration courts (State-level)?
From 2013 through 2018, federal immigration judges in Charlotte denied asylum in 88% of cases.
Key Features of the Asylum Seeker Rights Case in Charlotte
| Feature | Description | Scope |
|---|---|---|
| Location of Event | Charlotte, North Carolina | State-level |
| Judge Presiding | U.S. District Court Judge Max Cogburn Jr. | State-level |
| Asylum Seeker’s Nationality | Egyptian (Mostafa Said) | Nationwide |
| Federal Agencies Accused | U.S. Border Patrol, Immigration and Customs Enforcement (ICE) | Nationwide |
| Alleged Violation | Violation of due process rights, detention without proper bond hearing | Nationwide |
| Judge’s Primary Order | Bring asylum seeker before an immigration judge within 48 hours; bar deportation | State-level (specific to Charlotte court) |
| Asylum Seeker’s Compliance | Complied with all ICE requirements since moving case to Charlotte | State-level |
| Right to Remain During Processing | Asylum seekers have the right to remain in the United States while their applications are being processed. | Nationwide |
| Historical Asylum Denial Rate (Charlotte) | 88% denial rate in Charlotte immigration courts (2013-2018) | State-level |
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Author: HERE Charlotte
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