Federal judge halts deportation of Boulder firebombing attack suspect’s family

[Yeshua HaDerekh]

Judge Gallegher gave a ruling that ensured that Soliman’s family would receive due process before being deported. Why do you have a problem with that?

ICE will give them due process after what he did.

 

[JosephZ]

ICE will give them due process after what he did.

What if it's proven that the family had no prior knowledge or connection to the terrorist attack? Do you feel that this man's wife and children should also be punished for his crimes?

 

[Yeshua HaDerekh]

What if it's proven that the family had no prior knowledge or connection to the terrorist attack? Do you feel that this man's wife and children should also be punished for his crimes?

If they are still here illegally and do not get an asylum visa yes

 

[Valletta]

Judge Gallegher gave a ruling that ensured that Soliman’s family would receive due process before being deported. Why do you have a problem with that?

Under the law the family should already be deported because they have ties to terrorism. These radical judges are following in the illegal tactics of the Biden administration, an administration that deliberately swamped our country with over ten million illegals in four years. This greatly endangered Americans and many victims have paid the ultimate price. In virtually every country in the world except the United States you are booted out of the country if you are there illegally. I would call it nonsense here except for the dire consequences. As I've said numerous times, due process is not defined. In my judgment the family has had their due process rights have been met.

 

[Valletta]

What if it's proven that the family had no prior knowledge or connection to the terrorist attack? Do you feel that this man's wife and children should also be punished for his crimes?

No punishment, just deportation as per the law.

 

[JosephZ]

Under the law the family should already be deported because they have ties to terrorism.

They can't be deported without due process. Simply being a family member of a terrorist doesn't mean a person has ties to terrorism. There has to be direct involvement in terrorist activities or an attack.

 

[Valletta]

They can't be deported without due process. Simply being a family member of a terrorist doesn't mean a person has ties to terrorism.

Yet we don't know what due process is. To some Democrats due process means keep them here until the next Democrat president.

 

[Valletta]

There has to be direct involvement in terrorist activities or an attack.

Says you.

 

[JosephZ]

Yet we don't know what due process is. To some Democrats due process means keep them here until the next Democrat president.

This family entered the country legally, so they can't be deported without a hearing.

Says you.

Says immigration law.

8 USC 1227: Deportable aliens

(B) Terrorist activities

Any alien who is described in subparagraph (B) or (F) of section 1182(a)(3) of this title is deportable.

​

(B) Terrorist activities​

(i) In general

Any alien who-

(I) has engaged in a terrorist activity;

(IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity.

(ii) Exception

Subclause (IX) of clause (i) does not apply to a spouse or child-

(I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or

(II) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.

 

[Valletta]

This family entered the country legally, so they can't be deported without a hearing.

Sure they can.

 

[Arcangl86]

Sure they can.

Not legally. That pesky 5th amendment applies

 

[JosephZ]

Sure they can.

Paul Hunker, the former lead counsel for ICE in Dallas:

Hunker told us that someone like Soliman, with a pending asylum claim, would not have been a priority for ICE during previous administrations, including Trump’s first term, absent a separate criminal arrest. “ICE could try to deport the person, but they could go to immigration court and assert protection, and a judge would make the decision,” Hunker said.

Hunker added that it is unusual for ICE to arrest an offender’s spouse and children in response to a crime and to threaten immediate deportation. The agency cannot use its fast-track deportation authority known as “expedited removal” to remove those who entered the United States with a visa, he said. DHS did not respond to questions about its plans to deport Soliman’s wife and children.


Paul B. Hunker III spent his entire legal career representing the former U.S. Immigration and Naturalization Service (INS), and U.S. Immigration and Customs Enforcement (ICE). He served as the Chief Counsel for U.S. Immigration and Customs Enforcement, Department of Homeland Security, Dallas Office of the Principal Legal Advisor (OPLA). Mr. Hunker graduated magna cum laude from Marquette University in 1989 and from Georgetown University Law Center in 1992 where he was a member of the Georgetown Immigration Law Journal.

 

[Valletta]

Paul Hunker, the former lead counsel for ICE in Dallas:

Hunker told us that someone like Soliman, with a pending asylum claim, would not have been a priority for ICE during previous administrations, including Trump’s first term, absent a separate criminal arrest. “ICE could try to deport the person, but they could go to immigration court and assert protection, and a judge would make the decision,” Hunker said.

Hunker added that it is unusual for ICE to arrest an offender’s spouse and children in response to a crime and to threaten immediate deportation. The agency cannot use its fast-track deportation authority known as “expedited removal” to remove those who entered the United States with a visa, he said. DHS did not respond to questions about its plans to deport Soliman’s wife and children.


Paul B. Hunker III spent his entire legal career representing the former U.S. Immigration and Naturalization Service (INS), and U.S. Immigration and Customs Enforcement (ICE). He served as the Chief Counsel for U.S. Immigration and Customs Enforcement, Department of Homeland Security, Dallas Office of the Principal Legal Advisor (OPLA). Mr. Hunker graduated magna cum laude from Marquette University in 1989 and from Georgetown University Law Center in 1992 where he was a member of the Georgetown Immigration Law Journal.

Indeed, he is correct when he says it is unusual "to arrest an offender's spouse and children in response to a crime." That's because most crimes within the United States are not acts of terrorism.

 

[sanderabeer]

I love it when "the law" is used as a shield for bigotry.

Non-citizens don't get the same due process. A connection to terrorism is enough for deportation.

Where is the legal definition of "connection to terrorism?" I ask because I can connect every single person in the United States to terrorism in one way or another. So it's important to define what a "connection to terrorism" means. Otherwise we end up in a game of motte and bailey defenses.

The act of violating our border laws and letting in so many un-vetted individuals has put endangered the security of every American citizen. The people responsible should be prosecuted.

Does this include Trump?

 

[JosephZ]

Indeed, he is correct when he says it is unusual "to arrest an offender's spouse and children in response to a crime." That's because most crimes within the United States are not acts of terrorism.

He is talking specifically about the Soliman case in the article, and the crime is terrorism. Immigration law says that if someone enters the US legally, they are required to have a hearing before deportation. Immigration law also says family members of a terrorist are exempt from deportation if they were not directly involved or had knowledge of terrorist activity beforehand.

 

[Valletta]

He is talking specifically about the Soliman case in the article, and the crime is terrorism. Immigration law says that if someone enters the US legally, they are required to have a hearing before deportation. Immigration law also says family members of a terrorist are exempt from deportation if they were not directly involved or had knowledge of terrorist activity beforehand.

He said it was unusual. Citation of the immigration law please.

 

[JosephZ]

He said it was unusual. Citation of the immigration law please.

I already provided the law that states family members of a terrorist are exempt from deportation if they didn't know about the terrorist activity or directly participate in it in post #29, and I quoted an expert on immigration law and former ICE attorney who said ICE can't use expedited removal to remove those who entered the United States with a visa (legally).

 

[rjs330]

The 5th Amendment guarantees due process to all persons within the United States, including non-citizens, regardless of immigration status, and even if they are family members of a terrorist.

Who said they haven't gotten due process? Due process is different for different circumstances and people. Being tied to terrorism is enough to get you deported. Its not the same thing as a citizen gets because citizens can't be deported.

 

[JosephZ]

Due process is different for different circumstances and people. Being tied to terrorism is enough to get you deported.

Being a family member of a terrorist doesn't establish ties to terrorism and is not grounds for deportation.

 

[JosephZ]

Who said they haven't gotten due process?

If a judge had not stepped in, this family would not have received due process.