Editor’s note: an earlier version of this story mistakenly identified attorney Susanna Dvortsin as a family friend to Soliman’s wife.

The wife and five children of an Egyptian man charged with a hate crime after an fire-involved attack in Boulder over the weekend were headed for deportation Wednesday until a lawsuit filed on behalf of the family resulted in a pause. 

U.S. District Judge Gordon P. Gallagher of Colorado granted the Wednesday request filed by lawyers representing the family asking to halt deportation proceedings. According to court documents, attorney Susanna Dvortsin filed the lawsuit on behalf of the family. 

The ruling came down swiftly following a Wednesday U.S. Department of Homeland Security announcement that Immigration and Customs Enforcement had started processing the entire family for removal after being detained only the day before.

According to the National Immigration Forum, if someone is undocumented but has been in the United States for more than two years, they are not legally susceptible to expedited removal. In addition, the family probably was still under an asylum claim, further protecting them.

Family of Boulder attack suspect arrested by ICE, faces removal from U.S.

The family members have not been charged in the Boulder attack as of Wednesday afternoon. Previous Gazette reporting indicated they were “cooperative” with the investigation. According to Soliman’s arrest affidavit, he told investigators that he did not tell his wife or children about his violent intentions that he had planning for a year. 

Questions into the U.S. Attorney’s Office for Colorado to ask what charges the family might face went unanswered. 

The Gazette also reached out to Homeland Security officials concerning why the family was being deported before Soliman had been convicted.

Last night, Homeland Security Assistant Secretary Tricia McLaughlin responded:

“The plaintiff’s claims are absurd and are clearly an attempt to delay justice. Just like her criminal husband, she and her children are here illegally and are rightfully in ICE custody for removal as a result.”

Soliman faces federal hate crime charges and state charges of attempted murder in the Sunday attack in downtown Boulder, at Pearl Street Mall. Officials expect more federal charges to come as the investigation continues.

Homeland Security’s Wednesday news release identified Soliman’s wife. Soliman’s five children were not named. All six are Egyptian nationals, federal authorities said.

“We are investigating to what extent his family knew about this heinous attack, if they had knowledge of it or if they provided support to it,” Homeland Security Secretary Kristi Noem said in a statement, adding that the family was being processed for removal proceedings.

Noem also said federal authorities will immediately crack down on people who overstay their visas in response to the Boulder attack.

Soliman, 45, who has a recent residence in an unincorporated area that borders Colorado Springs’ east side, faces up to 624 years in prison if convicted of his federal hate crime charge and several state charges lodged so far.

An affidavit released by authorities detailed how Soliman allegedly prepared for and carried out the attack that injured 15 people in Boulder on Sunday afternoon. The attack occurred near 13th and Pearl streets during a “humanitarian walk” for hostages that are still being held by Hamas in its war with Israel.

Victim count in Boulder attack rises to 15 as police increase security

According to an FBI affidavit, Soliman told police he was driven by a desire “to kill all Zionist people” — a reference to the movement to establish and protect a Jewish state in Israel. Authorities said he expressed no remorse about the attack.

Boulder attack suspect sprayed gas on himself and planned to die, affidavits say

According to The Associated Press, Soliman was born in el-Motamedia, an Egyptian farming village in the Nile Delta province of Gharbia, about 75 miles north of Cairo, according to an Egyptian security official who spoke on the condition of anonymity because he wasn’t authorized to talk to the media.

Before moving to Colorado Springs three years ago, Soliman spent 17 years in Kuwait, according to court documents obtained by The Gazette. 

Soliman, his wife and children first came to the U.S. on Aug. 27, 2022, on a B2 tourist visa that expired the following February. On Sept. 29, 2022, Soliman filed for asylum, listing his wife and five children as dependents, in Denver. To file for asylum, the individual must be present in the country. 

In March 2023, Soliman was granted work authorization. If an asylum application is pending for more than 180 days, the person who filed the claim would have qualified for a work permit until final adjudication. Federal law enforcement officials have confirmed the work visa has only recently expired. 

Soliman is being held in Boulder County jail on a $10 million cash bond and is scheduled to make an appearance in state court Thursday.

His attorney, Kathryn Herold, declined to comment after a state court hearing Monday. Public defenders’ policy prohibits speaking to the media.