A federal judge declined Wednesday to order the release of the family of the man accused of the attack on a pro-Israel march in Colorado earlier this year.
Judge Orlando Garcia said he didn’t have jurisdiction to order their release and that the government isn’t doing anything illegal in the deportation case against the wife and five children of Mohamed Sabry Soliman.
The judge said the White House had wrongly sown confusion about the case by saying the family was being subject to expedited deportation, which would likely have been illegal.
But in fact, they are going through the regular removal process.
The family had also claimed that being detained while going through immigration proceedings violated their rights.
Judge Orlando said that’s outside his jurisdiction, saying the family has to ask Homeland Security for their release.
The department called the ruling a victory.
“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,” said Assistant Secretary Tricia McLaughlin.
According to court documents, the Egyptian family came on legal visas but never left when those passes expired.
Mr. Soliman is accused of using a homemade flamethrower and Molotov cocktails to attack a demonstration seeking the release of hostages held by Hamas, the terrorist organization battling Israel.
One woman, Karen Diamond, 82, died of her injuries last week.
Ms. McLaughlin said Homeland Security is investigating whether the family had knowledge of the attack.
