Everlee Immigration Update
The following text is not my own, but the most thorough update from Everlee’s court hearing today in California:
“First, despite Everlee having been transferred from California to Arizona more than a month ago, her case had never been formally transferred to the proper Immigration Court. The Immigration Judge acknowledged that this should have been done much earlier and stated that the failure to transfer the case appeared to be the result of a clerical error. The Judge expressed frustration that the matter had not been handled properly and apologized to the parties for the delay.
Second, the Notice to Appear (NTA) filed against Everlee on April 15, 2026 did not contain the specific legal charges explaining why the Department of Homeland Security believed she was inadmissible to the United States. Because of that defect, Attorney Christopher filed a Motion to Terminate Proceedings on May 1, 2026. The motion had never been addressed, and DHS had not amended the NTA or provided supporting records despite having more than forty days to do so. DHS attorney didn’t know why they didn’t respond to the motion other than to say perhaps someone assumed the case would be moved to AZ.
During the hearing, DHS acknowledged that additional review of the case was necessary. The government attorney requested additional time to review Everlee’s record and indicated that DHS would need to supplement the file if the case could proceed further.
The hearing also highlighted communication issues within the detention system. Although Everlee had a hearing scheduled in Adelanto, Arizona detention officials never informed her of the court date or arranged for her appearance by video. Fortunately, because no testimony was required and Attorney Christopher was present, her absence did not negatively affect the case.
Attorney Christopher presented the Wisconsin court records showing that Everlee’s 2014 conviction had been vacated. The Immigration Judge acknowledged that it appeared that the conviction had, in fact, been vacated. Based on the records before him, the Judge noted that the original basis for the inadmissibility charge appeared to no longer exist. However, because DHS had not yet completed its review or formally amended the charging documents, the Judge did not make a final ruling on termination.
The DHS attorney also referenced several other prior arrests and convictions appearing on Everlee’s criminal history. Attorney Christopher has already thoroughly reviewed those matters and, based on current immigration law, none appear to constitute grounds of inadmissibility. The vacated 2014 conviction remains the only offense that had previously served as the basis for DHS’s inadmissibility allegations.
At the conclusion of the hearing, the Judge ordered the case transferred to the proper Immigration Court in Arizona. As of today, Everlee’s case is officially being moved to the Arizona court system, where it should have been pending all along.
What Happens Next?
Her next hearing is on Wednesday, June 17 at 1:00pm AST. DHS has been given an opportunity to review Everlee’s complete criminal history and determine whether it believes any remaining grounds of inadmissibility exist. Attorney Christopher remains confident that the review will confirm that the vacated 2014 conviction can no longer support the case and that no other convictions create inadmissibility issues. To allow them to continue to detain her they would have to produce criminal records that would require her to be classified as inadmissible.
The next step will either be:
1. DHS completing its review and taking action before the next hearing
Or
2. A new hearing being scheduled in Arizona, where the parties can address the charges and Everlee’s request for termination of proceedings. June 17th
While today did not result in an immediate release order, the hearing exposed significant procedural problems in the government’s handling of the case and confirmed that the conviction originally relied upon by DHS has been vacated. We will continue to provide updates as additional information becomes available.”
