Federal judge orders return of deported migrant to US, rejecting Trump request

BALTIMORE, MD – A national justice connected Tuesday refused to alteration her bid requiring the Trump administration to bring backmost a 20-year-old Venezuelan asylum seeker deported to El Salvador, citing owed process protections.

At a proceeding Tuesday successful Baltimore, U.S. District Judge Stephanie Gallagher, a Trump appointee, rejected the government's petition to amend her earlier ruling which ordered the authorities to instrumentality Daniel Lozano-Camargo, a 20-year-old Venezuelan, to U.S. soil.

But she besides agreed to intermission the ruling for 48 hours – capable clip for the authorities to inquire the 4th Circuit to instrumentality up the case.

If the tribunal declines, Gallagher said she volition amend her ruling to acceptable a ceremonial timeline for the authorities to instrumentality the 20-year-old migrant to the U.S.

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A idiosyncratic holds up a motion referencing the Centre for Terrorism Confinement (CECOT) situation successful El Salvador during a May Day objection against President Donald Trump and his migration policies successful Houston, Texas, connected May 1, 2025. (Ronaldo Schemidt/AFP)

This determination "strikes the close equilibrium betwixt giving the authorities the ability" to entreaty to the higher tribunal arsenic they spot acceptable – and besides allows plaintiffs to question owed process successful U.S. courts, Gallagher said.

Lozano-Camargo, antecedently referred to successful tribunal documents arsenic "Cristian," was deported to El Salvador successful March nether the Trump administration's aboriginal question of Alien Enemies Act deportations.

Gallagher ruled successful April that the authorities violated a 2024 colony betwixt DHS and a radical of young asylum seekers, including Lozano-Camargo. Under that deal, DHS agreed not to deport the migrants – each of whom entered the U.S. arsenic unaccompanied children – until their cases were afloat heard successful court.

Last month, Gallagher said Lozano-Camargo’s deportation was a "breach of contract," since his asylum lawsuit had not yet been heard, and ordered the U.S. authorities to facilitate his release.

Gallagher reiterated her erstwhile determination connected Tuesday. She besides emphasized it has thing to bash with the spot of his asylum request, successful a motion to 2 evident low-level cause offenses and a condemnation arsenic precocious arsenic January. Rather, she said, it is astir allowing him the process nether the law, and nether the colony struck with DHS.

That colony statement "requires him to beryllium present and person his hearing," she said.

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Residents protesting against the Trump medication march to the region courthouse successful Livingston, Montana connected April 19, 2025. (William Campbell/Getty Images)

Gallagher noted that his removal without adjudication successful a U.S. tribunal "pre-judges the outcome," with nary quality for his attorneys to situation the lawsuit successful court. 

The Trump medication told the court that it had determined that Lozano-Camargo was eligible for removal nether the Alien Enemies Act, citing his earlier apprehension and condemnation for cocaine possession successful Houston this year. 

On Monday, lawyers for the medication told the tribunal that his designation arsenic an "alien force pursuant to the AEA results successful him ceasing to beryllium a member" of the people that had negotiated a settlement.

At the presumption proceeding Tuesday, Gallagher made wide her determination was based solely connected owed process protections. 

The authorities is "measuring inferior utilizing the incorrect yardstick" successful this case, she said, adding that it is not a lawsuit of whether Lozano-Camargo volition yet person asylum – it’s a question of process.

Process, she said, is important for assorted reasons – noting that adjacent erstwhile outcomes successful definite transgression cases oregon trials look obvious, individuals are inactive entitled to a proceedings nether U.S. law. 

More than 250 suspected pack members, including 238 members of Venezuela's Tren de Aragua and 23 members of MS-13, get successful El Salvador connected March 16, 2025. (El Salvador Presidency / Handout/Anadolu via Getty Images)

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"We don’t skip to the extremity and say, ‘We each cognize however this is going to extremity truthful we’ll conscionable skip that part,'" she said. 

The administration's entreaty to the 4th Circuit, should it take to record it, is owed by Thursday afternoon.