A federal judge ruled that authorities can deport the family of the man accused in last month’s deadly firebombing attack in Boulder, Colorado. Authorities accused Mohamed Sabry Soliman, 45, of throwing Molotov cocktails at people protesting to raise awareness about Israeli hostages in Gaza.
Prosecutors said Monday, June 30, that an 82-year-old woman injured during the firebombing has died from her injuries. Federal officials charged Soliman with a hate crime, multiple counts of murder and attempted murder.
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Family detained by immigration agents
On June 3, two days after the attack, federal immigration agents detained Soliman’s wife, Hayam El Gamal, and five children. Soliman is originally from Egypt, and officials with the U.S. Department of Homeland Security say he had been living in the U.S. illegally.
“They could be deported as early as tonight,” the White House posted to social media June 3. That’s when U.S. District Court Judge Gordon P. Gallagher halted the family’s deportation.
Family lawsuit dismissed by federal judge
Soliman’s family filed a lawsuit to fight their detention by immigration authorities. U.S. District Judge Orlando L. Garcia rejected the lawsuit and ruled the government can deport the family. However, they can’t deport the family through the fast-track process known as “expedited removal.”
The government argues that detaining the family is legal because they allegedly remained in the U.S. after their visas expired.
Immigration status and legal process
Judge Garcia acknowledged that Gamal and her children have lived in the United States for more than two years, and U.S. immigration law generally bars expedited removal for people who have been in the country that long. Instead, the law requires that they receive a regular court proceeding.
According to the judge’s ruling, the government conceded that the family is not eligible for “expedited” removal proceedings.
Homeland Security Secretary Kristi Noem stated that investigators will examine whether Soliman’s family had prior knowledge of the planned attack. However, officials have not accused the family of any involvement or charged them with any crime related to the incident.
Soliman has formally told the court he pleads not guilty, and the case will go to trial unless there’s a plea deal.
