A federal judge has lifted a temporary pause on deportation proceedings for the family of Mohamed Sabry Soliman, the man charged with a deadly terror attack in Boulder, Colorado.
On Wednesday, the U.S. District Court for the Western District of Texas dismissed a request filed by Soliman’s wife, Hayam El Gamel, seeking to halt the deportation and detention of her and the couple’s five children, according to KDVR-TV.
Soliman is facing charges of first-degree murder and a hate crime after allegedly launching Molotov cocktails and using a makeshift flamethrower against demonstrators who were marching in support of Israeli hostages in Gaza. The June 1st attack left one woman dead and 29 others injured.
Soon after the incident, El Gamel and their children—ranging in age from 4 to 18—were detained and transferred to the Dilley Immigration Processing Center in West Texas, CNN reported.
Judge Orlando Garcia, who had previously issued a temporary restraining order preventing the family’s removal, rejected El Gamel’s legal arguments on both fronts: halting deportation and ending detention.
In his decision, Garcia stated the case must be dismissed for two key reasons. First, the petitioners are already receiving the “correct (and full) process” under the Immigration and Nationality Act (INA), meaning all claims based on allegations of expedited removal are now moot.
While early June social media posts from the White House suggested the family might be subject to rapid deportation, Garcia clarified that expedited procedures were never actually initiated. As such, he ruled that he cannot block a process that isn’t occurring and formally lifted the restraining order.
Secondly, Garcia explained that the INA bars the court from reviewing discretionary detention decisions, which precludes further adjudication of the family’s remaining claims at this stage of the process.
El Gamel had argued that their detention violated the Fifth Amendment’s due process and equal protection clauses, claiming they were being punished for Soliman’s alleged actions. She requested a writ of habeas corpus demanding their immediate release from DHS custody.
However, Judge Garcia emphasized that legal options remain available.
“The Court hastens to remind Petitioners that they still have an avenue for seeking their release from detention while their removal proceedings continue,” he wrote. “As alluded to above, the regulations promulgated pursuant to the INA prescribe administrative procedures for obtaining relief from discretionary detention.”
The next hearing concerning the family’s potential removal is scheduled for July 11.