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Deportation for All of Them Next?

A pause on deportation proceedings for the family of a man who has been charged with a terror attack in Boulder, Colorado, has been ended by a federal judge.

The U.S. District Court for the Western District of Texas on Wednesday dismissed a plea from the family of Mohamed Sabry Soliman, according to KDVR-TV.

Soliman faces first-degree murder and hate crime charges after being accused of throwing Molotov cocktails and spraying a makeshift flamethrower at demonstrators marching to support the release of Israeli hostages in Gaza. One woman died after June 1 attack, in which 29 people were wounded.

Shortly after the attack, Soliman’s wife, Hayam El Gamel, and their five children were arrested. They were taken to the Dilley Immigration Processing Center in West Texas.

The couple’s offspring range in age from 4 to 18, according to CNN.

El Gamel went to court to stop deportation proceedings and requested that the family be free from detention.

In a ruling Wednesday, U.S. District Court Judge Orlando Garcia, who had imposed a temporary restraining order on any deportation proceedings involving the family, rejected both parts of her argument

According to the ruling, “this case must be dismissed for two main reasons: (I) because Petitioners are receiving the correct (and full) process due under the Immigration and Nationality Act (INA), all claims predicated on the Government’s subjecting them to expedited removal proceedings are moot.”

The ruling noted that although White House social media posts from early June suggested the family could be quickly deported under expedited proceedings, that was not the administrative route actually undertaken.

Garcia wrote that he cannot stop expedited removal because it is not taking place and ended the temporary restraining order accordingly.

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The ruling also stated that “because the INA bars review of discretionary detention decisions, the Court is precluded from adjudicating Petitioners’ remaining claims at this point in the administrative process.“

Garcia noted that the family is seeking “a writ of habeas corpus requiring their immediate release from DHS custody, contending that their detention violates the due process and equal protection clauses of the Fifth Amendment because it was intended to punish them for the actions of their family member, Mohamed Soliman.”

However, he noted that other options exist.

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“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,” Garcia wrote.

The next hearing on the family’s possible removal is scheduled for July 11.

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