Last minute 'troubling' delay for Everlee Wihongi in ICE detention, lawyer says

New Zealand ICE detainee Everlee Wihongi has a further twelve days wait to find out her future.

Wihongi was detained by Immigration and Customs Enforcement while re-entering the US on a Green Card a month ago when it emerged she had a cannabis possession charge that dates back 10 years.

That conviction was quashed following a court hearing last month.

On Thursday her lawyer Marc Christopher said the hearing set down for today had been delayed until Thursday.

"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."

He waid that was frustrating and disapointing, given she is still in custody.

"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," Christopher said.

"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 The state court determined that the conviction should be withdrawn because of constitutional defects in the original plea process.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."

Christopher added: "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".

He said he intended to continue fighting aggressively for Wihongi's release and "for a fair resolution of these proceedings".

Wihongi is a New Zealand citizen, but has lived in the US for decades.