Lawyers for family of Colorado firebombing suspect move to stop kids', ex-wife deportation

Lawyers for the five children and ex-wife of Boulder terror suspect Mohamed Soliman filed an emergency motion Wednesday, seeking to prevent their removal from the U.S.

The filing happened a day before a habeas hearing ordered by a federal judge in the Western District of Texas, following a recommendation by a magistrate that the family be released. Hayam El Gamal and her children, ages 5 to 18, have been detained in a Dilley, Texas ICE facility for more than ten months. An FBI agent testified in court that the family was not aware of Soliman's plan to carry out the attack that resulted in the death of a peaceful marcher and injury to a dozen others in Boulder last June. A habeas case seeks to determine whether detention is legally justified. It doesn't address the merits of a case (in this case, whether the El Gamal family is here legally).

The emergency motion argues that the Trump administration "has ordered the Board of Immigration Appeals to issue a decision in the pending removal case appeal before the hearing scheduled before this court on April 23."

"The Due Process Clause cannot countenance such an extraordinary level of direct interference by the White House's political leadership in this matter," the filing states.

CBS Colorado reached out to the White House for comment and was directed to the Department of Homeland Security, which has yet to respond. In a previous statement the department said, "The judge wants to release this terrorist's family onto American streets. Under President Trump, DHS will continue to fight for the removal of those who have no right to be in our country, especially national security threats."

Former classmates and teachers of the El Gamal children in Colorado Springs have fought for their release, saying they were "appalled" at the children's prolonged detention, and the notion of "kin punishment" where family members of an accused individual are punished for crimes they did not personally commit.

Mohamed Soliman is facing dozens of charges for the attack on the Pearl Street Mall, including first degree murder and federal hate crime charges. He is accused of throwing Molotov cocktails at a group of people marching in support of Israeli hostages. Soliman has plead not guilty.