And thickens and thickens … and at this point is clear as mud:
In an emergency ruling, a Biden administration-appointed federal judge in Colorado halted the deportation of the wife and five children of Mohamed Soliman, the Egyptian national under federal investigation for the Boulder firebombing attack on Sunday.
The temporary restraining order (TRO), issued by U.S. District Judge Gordon P. Gallagher, prevents federal immigration authorities from removing Soliman’s wife, Hayem El Gamal, and the couple’s five children from the country — at least for now. …
The order came after El Gamal’s friend, Susanna Dvortsin, sought emergency legal protection for the family. She argued that the family faced imminent deportation by the Trump administration without the opportunity to present their case in court.
Gallagher agreed, writing that the family’s deportation would cause “irreparable harm.”
So let’s see if I have this right – and I may not, because the reporting on this so far has been abysmal. The flamethrower Solamin and his wife and children came here on a tourist visa (or visas), good for six months, and that expired in August of 2023. Somewhere along the line someone – Solamin, the wife, the kids? – supposedly applied for asylum and that hearing has never happened (and I have no idea whether one is scheduled and if so how many years from now it’s supposed to happen). Meanwhile, Dad of the Year Solamin decided that, while he waited, it would be a great idea to fire away (literally) at some people who were part of a group calling attention to the plight of the Israeli hostages.
It seems to me that this particular family circle has forfeited any right to be in this country, if they even still had such a right after August of 2023. Judge Gallagher may find that their deportation would cause “irreparable harm,” but I think a more solid argument can be made that their remaining here would cause irreparable harm in the sense of giving out the message to the world that a person can come on a tourist visa, let that visa expire, and stay here no matter what as long as there’s been a request for asylum (bogus or not – and I’m going to assume theirs is likely bogus).
On the other hand, their deportation is only stayed until June 13, when a fuller hearing on the matter is scheduled.
And there’s also the statement that it was the wife’s friend who petitioned the court. Dvortsin is an immigrant lawyer. Is El Gamal her client or her friend, or both? The article adds that it was Dvortsin who had submitted the family’s asylum application. Did she do this in her capacity as their lawyer or as their friend? And when was the application made?
Looking at the court document about the stay of deportation, I see this:
The court finds it appropriate for these preliminary proceedings for Petitioner to proceed as next-friend because the filings indicate that there is no means to contact Hayem El Gamal and petitioner has a significant relationship to her.
Is that relationship “lawyer”? If so, why not say so? And why oh why is there no means to contact El Gamal? Surely she has had a phone or an address; the family has been living here for years. Is she in hiding? What on earth is going on here?
What’s more, “next friend” status, in the legal sense, ordinarily means that the person who would otherwise be the petitioner lacks legal capacity, either due to being a minor or being handicapped or being temporarily incapacitated by illness.
Just to cap it all off, Dvortsin was suspended from practicing law in South Dakota for 115 days back in 2019, due to “misconduct concerning an immigration matter.”