A federal judge has tossed the case of the family of an Egyptian national who attacked a group of protesters in Colorado, ending their legal bid to block their deportation.
The case, brought by Hayam El Gamal, the wife of Mohamed Soliman, ends the family’s legal battle to remain in the country.
Soliman is accused of throwing Molotov cocktails at pro-Israeli demonstrators in Boulder, Colo. He has been charged with murder as well as other crimes in connection with the attack.
While Homeland Security Secretary Kristi Noem initially said Soliman’s family members were taken into custody to ascertain whether they had any connection with the attack, the agency swiftly moved to deport them.
U.S. District Court Judge Orlando Garcia determined he did not have the authority to intervene in the case, saying the matter would instead need to be reviewed by an immigration court judge.
“The Court hastens to remind Petitioners that they still have an avenue for seeking their release from detention while their removal proceedings continue. As alluded to above, the regulations promulgated pursuant to the INA prescribe administrative procedures for obtaining relief from discretionary detention,” Garcia wrote.
Garcia previously had blocked deportation of the family while he weighed the issue, and in dismissing the case, he opened the door to continue with their deportation.
But Garcia noted the proceedings determined the family has not been placed in expedited removal proceedings and they should therefore make their case to an immigration judge.
Soliman, who is from Egypt, came to the U.S. on a tourist visa and then applied for asylum alongside his family.
He stands accused of attacking people who were demonstrating on behalf of hostages held by Hamas.
Soliman’s other charges include 52 counts of attempted first-degree murder, eight counts of first-degree assault, 18 counts of attempted first-degree assault, two counts of third-degree assault, two counts of using an incendiary device and 16 counts of attempted use of an incendiary device. Each of those charges carries penalties of multiple years in prison.
