The family of a New Zealand woman being held in ICE detention in the US fears her release could still be delayed, despite a major legal win.
By Cleo Fraser
Everlee Wihongi, a New Zealand citizen, has been held by immigration since April 10, when she attempted to re-enter the US after visiting New Zealand. She holds a Green Card and has lived in the US since childhood.
Her detention centred around an historic 2014 conviction for marijuana possession.
On Wednesday (NZ time), a Wisconsin judge vacated that conviction.
"Since yesterday, she is extremely hopeful and ecstatic with getting on this charge vacated," her sister-in-law Courtney Wihongi told TVNZ's Breakfast show from Utah.
"This was a huge thing that we've been working on for the past couple of months, and we had three different court dates to get this to occur. So to have it finally happen is just, we all feel like we can breathe for a second.”
Everlee's lawyer Marc Christopher told RNZ the charge was vacated on what is known as ineffective assistance of counsel.
The family is now focused on an immigration hearing set for Saturday (NZ time).
However, there remained concerns her case might be further delayed as it was set down to be heard in California where Everlee was previously being held, rather than in Arizona where she is currently.
"We are worried that the judge will not even look at the case because it's technically not in his jurisdiction," Courtney said.
She also highlighted the conditions her sister-in-law was facing.
"Definitely, the facilities are crowded. There's a lot of people in the facilities so you don't get any moment of being alone. You don't get any personal time because it's just extremely crowded.
"It's not summer camp, you know, she is in a prison. She does not have rights that you and me have currently.”
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