BOULDER, Colo. (AP) — A federal judge on Wednesday ordered the government to immediately halt deportation proceedings against the family of a man charged in the firebombing attack in Boulder, Colorado, to ensure the protection of the family's constitutional rights.
U.S. District Judge Gordon P. Gallagher granted a request from the wife and five children of Mohamed Sabry Soliman, who are Egyptian, to block their deportation. U.S. immigration officials took the family into custody Tuesday.
“The court finds that deportation without process could work irreparable harm and an order must issue without notice due to the urgency this situation presents,” Gallagher wrote.
Soliman, 45, has been charged with a federal hate crime and state counts of attempted murder in the attack in downtown Boulder on Sunday. Witnesses say he threw two Molotov cocktails at a group demonstrating for the release of Israeli hostages in Gaza, and he confessed to the attack in custody.
His family members have not been charged.
Federal authorities have said Soliman has been living in the U.S. illegally, and U.S. Secretary of Homeland Security Kristi Noem said earlier Wednesday that the family was being processed for removal. It’s rare that a criminal suspect's family members are detained and threatened with deportation.
“It is patently unlawful to punish individuals for the crimes of their relatives," attorneys for the family wrote in the lawsuit.
Eric Lee, one of the attorney's representing the family, said efforts to deport them should not happen in a democracy.
“The punishment of a four-year-old child for something their parent allegedly did, who also has a presumption of innocence, is something that should outrage Americans regardless of their citizenship status,” he said.
Emails, a text and a telephone call seeking comment from spokespeople for the Department of Homeland Security and U.S. Immigration and Customs Enforcement in Washington and Colorado have not been returned.
Defendant's family investigated
Soliman’s wife, Hayam El Gamal, a 17-year-old daughter, two minor sons and two minor daughters all are Egyptian citizens, according to El Gamal's lawsuit. They were being held at an immigration detention center in Texas, Lee said.
“We are investigating to what extent his family knew about this heinous attack, if they had knowledge of it, or if they provided support to it,” Noem said in a statement.
Noem also said federal authorities would immediately crack down on people who overstay their visas, following the Boulder attack.
Soliman told authorities that no one, including his family, knew about his planned attack, according to court documents. El Gamal said she was “shocked” to learn her husband had been arrested in the attack, according to her lawsuit.
Victims increase to 15 people and a dog
Earlier Wednesday, authorities raised the number of people injured in the attack from 12 to 15, plus a dog.
Boulder County officials said in a news release that the victims include eight women and seven men ranging in age from 25 to 88. Details about how the victims were impacted would be explained in criminal charges set to be filed Thursday, according to Boulder County District Attorney's office spokesperson Shannon Carbone.
Soliman had planned to kill all of the roughly 20 participants in Sunday’s demonstration at the popular Pearl Street pedestrian mall, but he threw just two of his 18 Molotov cocktails while yelling “Free Palestine,” police said. Soliman didn’t carry out his full plan “because he got scared and had never hurt anyone before,” police wrote in an affidavit.
According to an FBI affidavit, Soliman told police he was driven by a desire “to kill all Zionist people” — a reference to the movement to establish and protect a Jewish state in Israel. Authorities said he expressed no remorse about the attack.
A vigil is scheduled for Wednesday evening at the local Jewish Community Center.
The family's immigration status
Before moving to Colorado Springs three years ago, Soliman spent 17 years in Kuwait, according to court documents.
Soliman arrived in the U.S. in August 2022 on a tourist visa that expired in February 2023, Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a post on X. She said Soliman filed for asylum in September 2022 and was granted a work authorization in March 2023, but that has also expired.
Hundreds of thousands of people overstay their visas each year in the United States, according to Department of Homeland Security reports.
Soliman's wife was born in Saudi Arabia and is an Egyptian national, according to her lawsuit. She is a network engineer and has a pending EB-2 visa, which is available to professionals with advanced degrees, the suit said. She and her children all are listed as dependents on Soliman's asylum application.
A newspaper in Colorado Springs profiled one of Soliman’s children in April, noting the family’s journey from Egypt to Kuwait and then to the U.S. It said after initially struggling in school, his daughter landed academic honors and volunteered at a local hospital.
The case against Soliman
Soliman told authorities that he had been planning the attack for a year and was waiting for his daughter to graduate before carrying it out, the affidavit said.
Soliman is being held in a county jail on a $10 million cash bond and is scheduled to make an appearance in state court on Thursday. His attorney, Kathryn Herold, declined to comment after a state court hearing Monday. Public defenders’ policy prohibits speaking to the media.
The attack unfolded against the backdrop of the Israel-Hamas war, which has contributed to a spike in antisemitic violence in the United States. It happened at the beginning of the Jewish holiday of Shavuot and barely a week after a man who also yelled “Free Palestine” was charged with fatally shooting two Israeli Embassy staffers outside a Jewish museum in Washington.
___
This version corrects the age of the defendant's oldest daughter to 17, not 18, according to attorneys for the family.
___
Associated Press reporters Eric Tucker in Washington, Heather Hollingsworth in Kansas City, Missouri, Samy Magdy in Cairo, Hannah Schoenbaum in Salt Lake City, Utah, Sean Murphy in Oklahoma City and Hallie Golden in Seattle contributed to this report.
Colleen Slevin, Jesse Bedayn And Rebecca Santana, The Associated Press
