Federal judge orders release of family of man charged in Colorado firebomb attack

El Gamal was born in Saudi Arabia and is an Egyptian national. She and her family have been in immigration detention since June after her husband, Mohamed Sabry Soliman, was accused of throwing two Molotov cocktails at people demonstrating for awareness of Israeli hostages in Gaza. An 82-year-old woman who was injured in the attack later died. El Gamal has said she was shocked by the attack.

Soliman is an Egyptian national who federal authorities say was living in the U.S. illegally. He is being prosecuted in both state and federal court for the attack, which prosecutors say injured a total of 13 people. Investigators say he planned the attack for a year and was driven by a desire “to kill all Zionist people.” He has pleaded not guilty to state charges, including a murder charge, and federal hate crimes charges.

After the attack, the Trump administration claimed the family was being rushed out of the country. The White House said in social media posts that they “COULD BE DEPORTED AS EARLY AS TONIGHT” and that six one-way tickets had been purchased for them, with their “final boarding call coming soon.”

Biery decided to release the family even though an immigration appeals court had dismissed their case to stay and issued a deportation order for them. That came after a federal magistrate judge recommended on Monday that they should be released.

Lawyers for the family claim the deportation order was directed by the “political leadership” in Washington, which the government's lawyer, Anne Marie Cordova, denied. People who have final deportation orders are normally subject to mandatory detention.

In a statement, acting assistant Homeland Security Secretary Lauren Bis criticized Biery's ruling.

“Despite receiving full due process and a final order of removal, this activist judge appointed by Bill Clinton is releasing this terrorist’s family onto American streets,” Bis said.

Biery had barred the family from being deported until he could hold Thursday's hearing. One of the family's lawyers, Chris Godshall-Bennett, told Biery they will also ask the 5th U.S. Circuit Court of Appeals in New Orleans to stop the family from being deported while they seek asylum and permission to remain in the United States.

Another federal judge blocked their immediate removal after the attack. Since then, the family has tried several times to be released on bond and return to Colorado while their asylum application is considered.

The magistrate judge recommended this week that they be released after their attorneys argued they have not been treated fairly in immigration proceedings.