Federal Judge Orders Return Of Deported Migrant To Us, Rejecting Trump Request

BALTIMORE, MD – A national judge 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 nan government's petition to amend her earlier ruling which ordered nan authorities to return Daniel Lozano-Camargo, a 20-year-old Venezuelan, to U.S. soil.

But she besides agreed to region nan ruling for 48 hours – capable clip for nan authorities to inquire nan 4th Circuit to return up nan case.

If nan tribunal declines, Gallagher said she will amend her ruling to group a general timeline for nan authorities to return nan 20-year-old migrant to nan U.S.

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A personification holds up a motion referencing nan 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 nan correct equilibrium betwixt giving nan authorities nan ability" to entreaty to nan higher tribunal arsenic they spot fresh – and besides allows plaintiffs to activity 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 nan Trump administration's early activity of Alien Enemies Act deportations.

Gallagher ruled successful April that nan authorities violated a 2024 colony betwixt DHS and a group of young asylum seekers, including Lozano-Camargo. Under that deal, DHS agreed not to deport nan migrants – each of whom entered nan 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 nan U.S. authorities to facilitate his release.

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

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

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Residents protesting against nan Trump management march to nan 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 nan outcome," pinch nary expertise for his attorneys to situation nan lawsuit successful court. 

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

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

At nan position proceeding Tuesday, Gallagher made clear her determination was based solely connected owed process protections. 

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

Process, she said, is important for various reasons – noting that moreover erstwhile outcomes successful definite criminal cases aliases tests look obvious, individuals are still 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 nan extremity and say, ‘We each cognize really this is going to extremity truthful we’ll conscionable skip that part,'" she said. 

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