A federal judge ruled Wednesday that the family of  Mohamed Soliman, who was charged with a hate crime after a fire-involved attack in Boulder last month, can be deported, stating the family members are receiving their due process.

The ruling by Judge Orlando Garcia of the U.S. District Court for the Western District of Texas dismissed the lawsuit for Hayam El Gamal and her five children that temporarily halted their removal from the U.S.

The lawsuit was initially filed in Colorado on June 4 over confusion regarding the type of removal proceedings to which the family was being subjected to: ordinary or expedited. The confusion stemmed from a post on X from the White House’s official account hours after the family was detained on June 3. “Wife and Kids of Illegal Alien Behind Antisemitic Firebombing Could Be Deported by Tonight,” the post states.

A Colorado judge swiftly issued a 14-day restraining order preventing the family from being immediately removed from the U.S. On June 18, the Colorado case was moved to Texas due to the timing of when it was filed. A Texas judge extended the restraining order by another 14 days. 

Judge sides with family of Boulder attack suspect

The government and the family’s defense counsel submitted legal arguments at the request of the court regarding whether the family is “being subjected to expedited removal proceedings as represented by the White House and, if not, whether there is any basis in law for the TRO to remain in effect or if it should be immediately dissolved.”

Lawyers for the Soliman family maintained in their court filing that the family’s detention violates due process because it was intended to punish them for Soliman’s actions in Boulder on June 1, and did not serve a “legitimate government purpose.”

Soliman, an Egyptian national, is accused of throwing Molotov cocktails at a group of protesters pressing for the release of the remaining Israeli hostages held by Hamas. He faces state and federal hate crime charges. On Monday, the Boulder District Attorney’s Office announced it amended two charges against Soliman, 45, to first-degree murder  after one of his victims died of her injuries.

The amended charges identified a total of 29 victims, 13 of whom suffered physical injuries.

Woman dies after suffering severe injuries in Boulder firebomb attack

In its court filing, the government attorneys “admitted” the Soliman family does not qualify for expedited removal per the Immigration and Nationality Act and would not be seeking such. 

According to court records, El Gamal and her children have been placed into “ordinary” removal proceedings. During these proceedings, they will go before an immigration judge to seek protection from removal if they choose. The family remains in the Dilley Immigration Processing Center in West Texas.

The most recent filings indicate the family is in removal proceedings due to overstaying a visa that expired on Feb. 26, 2023. 

According to previous Gazette reporting, Soliman, his wife and children first came to the U.S. on Aug. 27, 2022, on a B2 tourist visa that expired the following February. On Sept. 29, 2022, Soliman filed for asylum, listing his wife and five children as dependents, in Denver.

The Wednesday ruling stated the lawsuit must be dismissed for a few reasons. First, the court found the Soliman family is “receiving the correct (and full) process due under the Immigration and Nationality Act.”

Additionally, the Wednesday ruling states the Immigration and Nationality Act “bars review of discretionary detention decisions,” leaving the courts unable to adjudicate the remaining claims, which mostly revolved around their immediate release from detention.

The court’s hands are tied regarding continued detention while the family awaits its day in immigration court.

The Soliman family can go through a different avenue to seek release on bond, the ruling notes, so long as they can “convince” a Department of Homeland Security officer or immigration judge that they possess “no flight risk and no danger to the community.”

“This is a proper end to an absurd legal effort on the plaintiff’s part. Just like her terrorist husband, she and her children are here illegally and are rightfully in ICE custody for removal as a result,” DHS Assistant Secretary Tricia McLaughlin said.

The Gazette reached out to the lawyers for the Soliman family for comment, but did not receive an immediate response. 

This story has been updated with a statement from the Department of Homeland Security.

‘Please listen … help us’: Boulder attack suspect’s wife, detained in Texas, releases first public statement

DHS disputes statements by Boulder attack suspect’s wife