A federal judge in Texas dismissed a lawsuit filed by the family of the man suspected in the Boulder firebombing attack that was aimed at halting the family's deportation. But the order also stated that the family is not facing expedited removal.
U.S. District Court Judge Orlando Garcia of the Western District of Texas dismissed the petition Wednesday, stating the court lacked jurisdiction.
The petition was dismissed “without prejudice,” meaning the family could still ask the court to reconsider in the future.
Hayam El Gamal, the wife of the terror suspect, and their five children were apprehended by Immigrations and Customs Enforcement in the days following the June 1 attack where the suspect threw Molotov cocktail-like devices on a group of peaceful protestors, killing one person and injuring 14 others and a dog.
On social media, the White House X account posted on June 3 that the family was in custody, facing expedited deportation and “could be deported as early as tonight.”
The following day, a Colorado federal judge issued a temporary restraining order, blocking deportation, for 14 days. The case was then transferred to the Western District of Texas after the family was taken there to be detained.
Judge Garcia extended the temporary restraining order on June 18. But on Wednesday he declared that the court did not have jurisdiction since the family was not in fact facing expedited removal, despite the previous social posts stating the contrary.
He stated the family is facing ordinary removal proceedings and will get to argue their case before an immigration judge.
The Boulder suspect, Mohamed Sabry Soliman, remains in custody in Colorado and is facing more than 180 criminal counts in Boulder District Court and 12 federal hate crime charges.
Read the full order here.
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