Release, Re-Detention, and Emergency Court Intervention: The Case of Hayam El Gamal and Her Children
A federal judge ordered the release Thursday of an Egyptian mother and her five children after they were held for over 10 months at the South Texas Family Residential Center in Dilley, Texas. Days later, immigration authorities re-detained the family and attempted to deport them, prompting a second emergency court order blocking their removal.
Background of Detention
Hayam El Gamal and her five children, ranging in age from 9 to 18, entered the United States on tourist visas from Egypt in 2022. The family subsequently applied for asylum. An immigration judge later denied their initial asylum request, and the family submitted a second application while in detention.
The family was detained in June 2024 following the arrest of El Gamal's ex-husband, Mohamed Sabry Soliman. Federal authorities allege Soliman threw molotov cocktails into a crowd gathered in Boulder, Colorado, to raise awareness about hostages in Gaza. An 82-year-old woman later died from injuries sustained in the incident. Soliman has pleaded not guilty to federal charges, including a hate crime.
An FBI agent testified under oath that there was no evidence the family was aware of the father's alleged plan. El Gamal and her children have not been charged with any crime and have publicly disavowed Soliman.
Release Ordered and Re-Detention
On September 19, 2025, an immigration judge granted bond to the family. U.S. District Judge Fred Biery of the Western District of Texas issued a release order on Thursday, October 2, 2025, after the administration used legal maneuvers to prevent their release. El Gamal and her 18-year-old daughter, Habiba Soliman, were ordered to wear ankle monitors upon release.
On Saturday, October 4, 2025, after reporting for a required ICE check-in in Colorado, the family was re-detained by immigration authorities. According to their attorney, Eric Lee, the family was placed on a private jet bound for Egypt, with a stop in Denver. The family's lawyers stated that the re-detention violated a federal court order from the Western District of Texas, which had prohibited their detention or removal.
Emergency Court Actions
Shortly after the re-detention, U.S. District Judge Fred Biery and U.S. District Judge Nina Wang issued emergency orders halting the deportation. The plane turned around mid-flight, returning the family to Denver.
The court granted an emergency request to halt deportation, agreeing with a prior ruling by Magistrate Judge Elizabeth Chestney that the family should be freed while awaiting an immigration judge's decision.
The family's attorneys argued that the government's actions were irregular and that deportation would cause irreparable harm due to alleged persecution risks in Egypt.
Government and Legal Arguments
A Department of Homeland Security (DHS) spokesperson stated the administration would continue to seek removal of those without legal status, asserting the family had received full due process. DHS stated that the family had been issued a final removal order on December 29, 2025, and criticized the judge for releasing "a terrorist's family."
The family's attorneys argued that the re-detention and deportation attempt violated court orders. Attorney Chris Godshall-Bennett stated that the deportation effort is "not about immigration law" but about "collectively punishing this family for the actions of Mr. Soliman."
U.S. Senator Dick Durbin commented that if DHS objected to the release despite the judge's order, it would be because the family are Arab Muslim immigrants, not because they pose a danger or flight risk.
Detention Conditions
The family was held at the Dilley facility, a family detention center. El Gamal alleged that religious accommodations were not provided, including halal food and privacy from male staff. DHS denied these allegations and described the facility's care as adequate.
The family's attorney cited health concerns, including a lump in El Gamal's chest causing pain, and physicians recommended further testing for cancer or autoimmune disease.