District judge in Texas finds family should pursue legal challenges in immigration court
(Bloomberg) -- A US judge dismissed a lawsuit filed by the family of a man charged with fire-bombing people at a Colorado event for Israeli hostages challenging their detention and possible deportation by the Trump administration.
US District Judge Orlando Garcia in Texas found that because the government is not seeking to fast-track deportation for Hayam El Gamal and her five children — contrary to earlier administration statements — they must pursue legal challenges in an immigration court, not a federal district court.
El Gamal and her children were taken into custody after her husband, Mohamed Soliman, was arrested in connection with throwing two Molotov cocktails into the crowd during last month’s attack. At the time, Homeland Security Secretary Kristi Noem said the US was investigating whether they were involved, and the White House posted on social media that the family faced “expedited” proceedings.
Soliman has pleaded not guilty to federal charges and state officials announced new allegations this week after one of the victims died.
A federal judge in Colorado temporarily blocked the administration from deporting the family while the case went forward. The matter was transferred to Texas, where Garcia pressed the government to clarify the family’s status. The Justice Department confirmed they faced “ordinary” proceedings, not expedited removal, and would have a chance to appear before an immigration judge.
A lawyer for the family declined to comment. Spokespeople for the Justice Department and Homeland Security did not immediately respond to requests for comment.
The case is El Gamal v. Noem, 25-cv-664, US District Court, Western District of Texas (San Antonio).
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