A New Zealand woman detained by United States immigration authorities for more than two months has faced another frustrating setback, with legal issues and administrative failures delaying progress in her case.
Everlee Wihongi, a New Zealand citizen and United States green card holder, has been held by Immigration and Customs Enforcement (ICE) since April after being detained while returning to the US from a family trip to Aotearoa. Authorities cited a decade-old marijuana possession conviction that had not previously prevented her from travelling internationally.
The latest court hearing has exposed what her lawyer describes as significant procedural failures within the immigration system.
According to updates from Wihongi’s legal team and family, her case had never been formally transferred to the correct immigration court after she was moved from California to Arizona, resulting in lengthy delays and confusion around the legal process. An immigration judge reportedly acknowledged the transfer should have occurred much earlier and described the failure as a clerical error.
The hearing also revealed issues with the government’s original legal filing. Documents filed against Wihongi reportedly did not clearly specify the legal grounds on which authorities believed she was inadmissible to the United States. Her lawyer had previously challenged the validity of those proceedings, arguing that key information had not been provided.
Wihongi’s case has attracted significant attention in both New Zealand and the United States because of the circumstances surrounding her detention.
Having lived in the US since childhood, Wihongi had travelled internationally on multiple occasions without encountering problems related to her historic conviction. Family members say they were shocked when she was detained at Los Angeles International Airport upon returning from New Zealand.
Her lawyer has argued that the conviction at the centre of the case has now been vacated by a Wisconsin court, potentially removing the original basis for the inadmissibility allegations. During the recent hearing, the immigration judge reportedly acknowledged documentation showing the conviction had been overturned.
The prolonged detention has taken a toll on Wihongi and her whānau. Her family has spoken publicly about concerns over detention conditions, communication difficulties and the emotional impact of the uncertainty surrounding her future.
The New Zealand Government has provided consular assistance but maintains it cannot intervene directly in United States immigration decisions. Foreign Minister Winston Peters has previously stated that New Zealand officials can offer support but must respect the legal processes of another country.
For now, Wihongi remains in detention as legal proceedings continue in Arizona.
Her supporters say the latest delay raises serious questions about due process, communication failures and the treatment of people caught in complex immigration proceedings.
As her case moves forward, her whānau continue to hope the legal developments will ultimately clear the way for her release and reunification with her family.
