Judge orders back of the second migrant deported to El Salvador

Judge orders back of the second migrant deported to El Salvador

A federal judge in Maryland ordered the Trump administration to facilitate the return of a 20 -year -old Venezuelan man deported to El Salvador, whose removal violated a previous judicial agreement, according to an order issued on Wednesday.

The American District Judge Stephanie Gallagher, appointed by Trump, also ordered the government not to eliminate other people covered by the agreement.

The 2019 class action case was presented on behalf of the people who entered the United States as unaccompanied minors and then looked for asylum.

The group sued the government to be able to judge its asylum applications while remaining in the United States. The parties were established in 2024.

The lawyers of the plaintiffs say that the Trump administration, in breach of the conciliation agreement, eliminated one of the class members, referring to using the pseudonym “Cristian” in the judicial records, to El Salvador on March 15 when he deported three flat planes of alleged members of migrant gangs to the mega-prison cecot there.

In an opinion presented on Wednesday, Judge Gallagher referred to the case of Kilmar Abrego García, deported and said that “like the judge [Paula] Xinis in the subject of Abrego García, this Court will order the defendants to facilitate Cristian’s return to the United States so that he can receive the process to which he was entitled under the binding settlement agreement of the parties. “

The judge’s order was first informed by ABC News.

Saving welding

Jose Cabezas/Reuters

Judge Gallagher said to facilitate Cristian’s return requires that the defendants “submit a good faith to the Government of El Salvador and release Cristian to the custody of the United States for the transport of return to the United States to wait for the award of their asylum application in the merits of USCIS.”

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Gallagher called for deportation a “breach of the contract.”

“In the lower part, this case, unlike other cases that involve the elimination of the government of people under the law of alien enemies, is a contractual dispute due to the conciliation agreement,” said the lawyers of the plaintiff, referring to the 17th -century war authority used to eliminate non -citizens with little to not due process.

The Trump administration, according to the order, argues that the elimination of Cristian did not violate the settlement because “his designation as an alien enemy in accordance with the AEA results in that he stops being a member.”

In an affidavit, an official for the application of immigration and customs of the United States said that Cristian was arrested in January by possession of cocaine.

“On January 6, 2025, [“Cristian”] He was sentenced in the 482º District Court of Harris County, Texas, for the crime of possession of cocaine, a serious crime of the Texas state prison, “said Robert Cerna, director of the Interim Field Office for the Execution and Removal Operations.

Cerna said that after the invocation of the AEA, ICE determined that Cristian was subject to elimination.

“On March 15, 2025, [“Cristian”] It was eliminated under the Aien Enemies Law, 50 USC Ch. 3, in accordance with presidential proclamation 10,903, as a 14 -year -old Venezuelan citizen who is a member of ADD, “said Cerna, referring to the Venezuelan criminal gang of Aragua.

“The accusations that the members of the class, such as Cristian, are subject to the AEA do not exclude those people in the class under the simple terms of the conciliation agreement,” argued the lawyers of the plaintiff.

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The migrant class lawyer also alleged in judicial presentations that another Venezuelan man, identified as an 18 -year -old named Javier in judicial records, was imminent of being deported earlier this month.

Judge Gallagher determined that Javier was covered by the conciliation agreement and entered a temporary restriction order that prohibits the government from moving it away from the United States.

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