One of those arrested Iranians was Tempe resident Mezhrad Asadi Eidivand, who was arrested at his home along with his U.S. citizen wife by Homeland Security Investigations agents on June 22. The 40-year-old Asadi Eidivand was charged with being an alien in possession of a firearm — Tuesday, he pleaded not guilty — while his wife, Linet Vartanniavartanians, was charged with making threats toward a law enforcement officer.
Asadi Eidivand's brother, Mehrad Eidivand, has been in ICE detention since May 31 and has twice gone on hunger strike. The brother's attorney, Rebecca Cheaves, told Phoenix New Times that she believes ICE has targeted her client's family.
Contrary to the puffed-up language from DHS, Asadi Eidivand does not appear to be a known or suspected terrorist, nor does he have a prior criminal record. What's more, he appears to be a supporter of President Donald Trump with deeply held anti-Islam beliefs.
At a detention hearing Tuesday in federal court, federal public defender Debbie Jang described Asadi Eidivand as an "anti-Muslim" atheist who has sought to remain in the United States despite a 2013 deportation order because he would fear for his safety should he return to Iran, which is ruled by an extremist Shiite theocracy. Additionally, two of Asadi Eidivand's friends who attended the hearing — and who asked not to be named, citing their own immigration statuses — said Asadi Eidivand is a big Trump fan. He has pro-Trump and pro-America stickers all over his car, the friends said, and pushed friends to support the MAGA leader leading up to the 2024 election, even though he know it would be bad for him personally.
That characterization seems to match the content of Asadi Eidivand's Facebook page, where he goes by Zod Aria. In the "intro" section of the page, Asadi Eidivand describes himself as "family first" and "anti-religions." He also states that "any Persian who accepts Islam is considered a traitor and dishonorable." Especially because of that outspokenness — which mirrors the open Islamophobia often spouted among Trump's supporters — his friends say, returning to Iran would place him in grave danger.
Critical 911 call
Asadi Eidivand wound up in federal custody in part because of a mistake his wife made, it appears. Immigration and Customs Enforcement agents originally tried to detain Asadi Eidivand at his home on June 21, but his wife turned them away because they did not have a warrant. Asadi Eidivand was ordered to self-deport in 2013 and has been removable ever since. He has repeatedly (and unsuccessfully) appealed his deportation order.Though federal prosecutors claim ICE announced they were police and wore identifying patches when they appeared at the couple's home, Jang told the court Tuesday that the agents were masked and unmarked and carried rifles. Fearing that they would enter the couple's home without a warrant, Vartanniavartanians called Tempe police. During that call, prosecutors say, she threatened to shoot the ICE agents if they didn't leave. Also on the call, Assistant U.S. Attorney Addison Owen told the court Tuesday, Asadi Eidivand could be heard in the background acknowledging that "we have guns."
New Times requested the 911 audio as well as the Tempe police report from the incident but has not received them.
Owen said the couple's case "would not have been a criminal matter" without the 911 call, which prompted HSI agents to obtain a warrant and arrest the pair the next day. Agents also recovered two handguns, and criminal defense attorneys who spoke to New Times last week said that Asadi Eidivand's expressed knowledge of them could be enough to establish that Asadi Eidivand possessed them, according to the legal definition of the term.
Jang argued that Asadi Eidivand should be released pending trial, given that he has no criminal record and has repeatedly petitioned to stay in the country, making him a low flight risk. Since entering the country in 2012, Jang said, "He's been making a quiet, humble life with his wife." He especially would not flee home to Iran, Jang said, adding that Asadi Eidivand would rather die of hunger in detention, as his brother has sometimes threatened to do, than return to his home country.
Ultimately, U.S. Magistrate Judge Alison Bachus sided with prosecutors, who argued that Asadi Eidivand has little to tie him to Arizona and has already shown himself to be unwilling to cooperate with federal authorities. Bachus ordered that Asadi Eidivand be kept in custody until his trial, which was set for Aug. 12. It is not clear where he is being held.
Asadi Eidivand's wife, Vartannianvartanians, is set to have her detention hearing on July 9.
