A Huge Win For Everlee
ICE now have *zero* legal grounds to keep her imprisoned.
Hi,
Finally I can bring you some great, amazing, wonderful news about Everlee Wihongi's case. As you will be aware, ICE kidnapped the New Zealander from LAX airport two months ago, on April 10.
A few hours ago, a judge in Wisconsin ruled that Everlee's 2014 marijuana charge has been vacated.
Back in 2014 she made a plea deal, but her lawyer at the time had never warned her about the immigration consequences: That because marijuana is a controlled substance, it was an automatic deportation offense.
Everlee had no idea about this, so she took the plea. Life went on for her – until, this year, it didn't.
Having this charge from 12 years ago vacated is huge, because it's the reason ICE kidnapped her (well that, and the racism).
ICE now have zero legal grounds to keep her detained.
There is still work to be done. She's not out yet.
Everlee's lawyer will now get the court order signed by the judge, and that then goes to the immigration court.
Everlee has her immigration court hearing in three days' time, on June 12. Technically, Everlee may be free as early as next week.
But ICE could also try and pull some shit. As I explained a few days ago, her case is being heard by a California detention facility judge, because Everlee was detained in Los Angeles.
But ICE moved Everlee to Arizona – and there's a chance the judge in California will go, "I am not ruling on this case because it's in Arizona."
Everlee and her team know the risks, and are taking a number of steps to mitigate this. And if things don't go Everlee's way, they have some other plans. I won't go into them here, for risk of compromising their case.
But as of right now, as I send this missive, there is absolutely no justification for ICE to be holding Everlee Wihongi.
(Someone tell that to New Zealand's minister of foreign affairs Winston Peters, who has given exactly zero shits this entire time – never apologising for throwing Everlee under the bus by telling the media she'd lied on a form at LAX. As I reported back in May, there was no form).
Webworm spoke to Everlee's mother Betty a few minutes ago, to ask that hack journalistic question of how she felt. In this case, it seems like a very valid question:
"Just like wanting to cry, scream and howl at the moon all at once. An overwhelming sense of relief and joy."
Us too, Betty. Us too.
David.
The Everlee Wihongi Series So Far:
April 20: When You're Daughter Is Kidnapped by ICE
April 25: The ICE Detention Centre Housing Everlee Wihongi
April 28: Everlee Will Remain Locked Up For Another Month
May 6: Did Winston Peters Lie About Everlee?
May 10: Everlee Has Disappeared
May 13: Everlee Has Been Found in Arizona
May 28: Everlee Update
June 7: Story Updates: June 7 Edition
