Source: Radio New Zealand (world)
Everlee Wihongi has been held by US Immigration and Customs Enforcement (ICE) since attempting to re-enter the country on a permanent residents’ Green Card in April. Photo: Supplied A New Zealander detained by ICE will remain in custody after a court hearing early Friday morning.
Everlee Wihongi has been held by US Immigration and Customs Enforcement (ICE) since attempting to re-enter the country on a permanent residents’ Green Card in April. She is a New Zealand citizen, but has lived in the US for decades.
The basis for her detention is a felony marijuana possession conviction from 2016. That conviction allowed Wihongi to continue residing in the US as a permanent resident, but had prevented her from legally re-entering the country.
Wihongi’s hearing to have the conviction vacated on the basis she did not receive competent advice from her attorney at the time was at 5am Friday morning NZT. One of her lawyers, Eloisa Deleon, told Morning Report another hearing was scheduled for 9 June.
The judge would like to hear from Wihongi’s previous lawyer, who represented her when she pleaded guilty to the possession charge a decade ago, she said.
Wihongi’s attorney Marc Christopher earlier told RNZ he was arguing that Wihongi in 2016 pleaded guilty to that charge on the basis of incorrect legal advice that her conviction would not affect her immigration status. “Under our constitution, if that happens, a person is able to then vacate their conviction. “If that conviction was vacated, the US would no longer have any legal basis to detain her, and she would be released “relatively soon after,” Christopher said.
On Friday morning, Deleon said even if they were successful at that hearing, they will still need to file “additional motions” to have Wihongi released on that basis.
There was also a separate immigration court hearing scheduled for 12 June, which also presented an opportunity to secure her release, she said. “If we’re successful, hopefully she will be released after that.” He said that following Wihongi’s conviction the attorney behind the advice was “disbarred for a number of reasons, foremost for lying to his clients, for forging documents and forging court orders”.
Christopher earlier told RNZ the court date itself was already delayed by a week, after an internet outage prevented Wihongi from attending her first hearing on the matter. “Five minutes before the hearing we were informed by the detention facility that their internet had gone out and they had no phone communication whatsoever,” he said. “This was after we were assured that they were going to be able to provide Zoom capabilities to the court.
The judge was very accommodating. [Wihongi] could have called just a basic number. The facility was unable to do that,” Christopher said. Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
Copyright © 2026, Radio New Zealand • ‘Disappointment, sadness’ as Kiwi’s detention hearing delayed 22 May 2026 The hearing would have allowed Everlee Wihongi to argue for her release from immigration detention in the US but it has been postponed to next week.
Audio Everlee Wihongi feeling ‘disappointment, sadness’ over delayed immigration hearing in US ‘Disappointment, sadness’ as Kiwi’s detention hearing delayed The hearing would have allowed Everlee Wihongi to argue for her release from immigration detention in the US but it has been postponed to next week.
Audio • NZ officials talking to ICE about Kiwi’s mystery detention 13 May 2026 This is the first time the government has confirmed any direct contact with US officials since Everlee Wihongi’s detention on 10 April.
Audio Everlee Wihongi case: Government officials confirm contact with US immigration over Kiwi’s detention NZ officials talking to ICE about Kiwi’s mystery detention This is the first time the government has confirmed any direct contact with US officials since Everlee Wihongi’s detention on 10 April.
Audio • Kiwi detainee moved to US state with tougher immigration rules 13 May 2026 Everlee Wihongi’s lawyer believes she was taken from California to Arizona because of a harsher view on immigration law.
Audio Everlee Wihongi transferred to state with tougher immigration rules, lawyer says Kiwi detainee moved to US state with tougher immigration rules Everlee Wihongi’s lawyer believes she was taken from California to Arizona because of a harsher view on immigration law.
Audio • Kiwi ICE detainee ‘shackled’, deprived of food, family alleges 12 May 2026 In a diary she has been keeping since her sister-in-law was detained, Courtney Wihongi noted the gruelling transfer process Everlee has been through.
ICE detainee Everlee Wihongi being moved to another state Kiwi ICE detainee ‘shackled’, deprived of food, family alleges In a diary she has been keeping since her sister-in-law was detained, Courtney Wihongi noted the gruelling transfer process Everlee has been through. • Iran and US reach outline ceasefire deal after latest attacks • King’s Birthday 2026: What’s open, what’s closed and how it’s decided who gets honours • Luxon, Starmer talk war and cost of living in call for ad-free news and current affairs • Budget 2026 could be a tough pill for those feeling the pinch • Dame Lynda Topp blasts government in awards show speech • Two key tax changes in the Budget, and what they mean for you • Government’s Budget sparks angry scenes as students march on Parliament • Te reo, tributes and mis-timed toilet trips: the 2026 Aotearoa Music Awards