ICE F**ks With Everlee (Again)

Hi,

Everlee Wihongi was due to appear in court today at 1pm. This did not happen.

I'm just going to publish the update Webworm received direct from Everlee's lawyer, Marc Christopher.

It's pretty tough reading – especially where it ends.

Everlee Update: June 18

"I wanted to provide everyone with an update regarding Everlee’s case and today’s scheduled hearing. Unfortunately, approximately 80 minutes before the hearing was set to begin, we received notice that the Immigration Court had continued the hearing until June 30, 2026.

I want to be very direct: this is extremely frustrating and disappointing.

Everlee has now been detained for more than two months. During that time, the government has continued to treat her as an “arriving alien,” yet DHS has still not produced the evidence necessary to establish that classification. Despite having ample time to do so, DHS has not submitted conviction records or other evidence that would support the position they are taking before the Court.

This delay is especially troubling when viewed in the context of the procedural history of the case.

As you know, the criminal conviction that formed the basis of the immigration case was successfully vacated in Wisconsin. The state court determined that the conviction should be withdrawn because of constitutional defects in the original plea process. Following that victory, we immediately moved to terminate the immigration proceedings.

Rather than addressing those issues promptly, the case has become mired in delays.

First, DHS transferred Everlee from the Adelanto Detention Facility in California to the Eloy Detention Center in Arizona. Despite physically moving her to Arizona, the government allowed the case to remain assigned to the Adelanto Immigration Court for a month before taking steps to transfer venue. During that period, valuable time passed while Everlee remained detained.

Second, when we appeared before the Court on June 12, significant concerns were raised regarding the government’s handling of the case. The Notice to Appear originally served on Everlee did not even contain the factual allegations and charges that would normally allow a respondent to understand the basis for the government’s claims. We had already filed a Motion to Terminate challenging those deficiencies, yet those issues remained unresolved.

Now, after another two weeks have passed, today’s hearing has been continued to June 30. The practical result is that Everlee remains detained while the government continues to delay presenting evidence and while the Court continues to postpone resolution of issues that should have been addressed long ago.

No one should remain incarcerated while the government takes months to determine where a case belongs, months to transfer venue after physically relocating a detainee, and months to produce evidence supporting the very allegations being used to justify detention.

The immigration system often moves slowly, but there is a difference between ordinary delay and the type of delay we are seeing here. Every additional day of detention has a real human cost for Everlee and for her family.

Despite today’s setback, we are continuing to challenge the government’s position. We will be prepared for the June 30 hearing and will continue pressing the Court and DHS regarding the government’s burden to establish that Everlee is properly classified as an arriving alien, as well as the effect of the vacated conviction and our pending arguments for termination.

I know this news is incredibly disappointing. It certainly is for me. Please know that we remain fully engaged in the case and will continue fighting aggressively for Everlee’s release and for a fair resolution of these proceedings.

I will provide another update as soon as we receive any additional information."

Just before publishing this update, another update from Everlee's lawyer:

Just got off the phone with Everlee doing all right. I spoke to her and she told me that they were on lockdown for the whole day and that the whole facility was locked down.

She knocked on the window during the lockdown and the guards told her that there was going to be no court and that they were rescheduling for tomorrow and Friday – a total lie.

There have obviously been a lot of updates in Everlee's case over the last two months. I'm doing my best to keep across it all.

I am not sending all these updates as emails, as there are too many – but they are all found at www.webworm.co.

Thanks to all of you who subscribe and support my work here.

Here are all of Webworm's pieces in order, to date:

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
June 14: Story Updates: From The June 12 Hearing
June 18: ICE F**ks With Everlee (Again)