Federal Court in Colorado Explains TRO Against Immediate Deportation of Mohamed Soliman’s Family, Transfers Case to Western District of Texas

From today’s decision by Judge Gordon Gallagher (D. Colo.) in Dvortsin v. Noem:

Ms. El Gamal is the spouse of Mohamed Soliman, a man accused of and charged with a horrific June 1, 2025 antisemitic fire-bombing attack “against a peaceful gathering of individuals commemorating Israeli hostages.” This Court is aware that Mr. Soliman was taken into custody on June 1, 2025, at the scene of the attack. At some point on June 3, 2025, immigration authorities detained Ms. El Gamal and her children….

On June 3, 2025, at 2:12 p.m. MDT, the official Twitter/X account for the White House posted an update on the family’s detention:

Then, at 2:42 p.m. MDT, the official Twitter/X account for the White House posted a further update:

The Petition alleges that “Ms. El Gamal and her five children—E.S., A.S., H.S., O.S., H.S.—entered the United States with B-1 visitor visas in 2022, have resided continuously in the United States for more than two years, and are therefore not subject to expedited removal.

And the Petition, which attaches a copy of the relevant visa application (D. 2-3 at 2), goes on to state that “Ms. El Gamal is a network engineer with a pending EB-2 visa, available to professionals with advanced degrees. Mr. Soliman filed an asylum application, and Ms. El Gamal and all five children are dependents on that application. The application is still pending.” …

[The Due Process Clause] requires the Government to follow fair procedures before depriving any person of life, liberty, or property. See Trump v. J.G.G. (2025) (“‘It is well established that the Fifth Amendment entitles aliens to due process of law’ in the context of removal proceedings.”). At bottom, those procedures include some sort of notice, an opportunity to be heard, and a decision by a neutral party. Much like the carpentry metaphor of measuring twice and cutting once, the purpose of procedural due process is to ensure that courts and other decisionmakers, in a deliberative fashion, reach the correct answers without making unnecessary mistakes…

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