A U.S. appeals court will review the Trump administration's bid to avoid returning a 20-year-old Venezuelan asylum seeker who was deported to El Salvador earlier this year, keeping him in Salvadoran custody for now.
The Fourth Circuit Court of Appeals agreed last week to take up Trump's appeal - staying through May 15 a lower court's ruling that required the Trump administration to immediately return him to U.S. soil.
The appeals court also ordered plaintiffs in the case to submit their response to the court before noon on Monday. The Trump administration will have through 9 a.m. Tuesday to respond.
At issue is the case of Daniel Lozano-Camargo, a 20-year-old Venezuelan national previously referred to in court documents as "Cristian," who was deported to El Salvador in March in the Trump administration's early wave of Alien Enemies Act removals.
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U.S. District Judge Stephanie Gallagher, a Trump appointee, ruled in April that his deportation violated an agreement the Department of Homeland Security (DHS) struck in 2024 with Lozano-Camargo and a group of young asylum seekers who had entered the U.S. as unaccompanied children.
Under that agreement, DHS agreed not to deport the migrants in question until their requests for asylum could be fully adjudicated in U.S. court. Last month, Gallagher said Lozano-Camargo's deportation was a "breach of contract," since his asylum case had not yet been heard, and ordered the U.S. government to facilitate his release.
She reiterated that decision in court last week, rejecting a new filing from the Justice Department that said it had determined Lozano-Camargo was eligible for removal under the law, citing his earlier arrest and conviction for cocaine possession in Houston this year.
Justice Department officials claimed in earlier court documents that Lozano-Camargo was a member of a "violent terrorist gang" but have not linked him to Tren de Aragua. Portions of their most recent court filing have been redacted.
Gallagher had specifically ordered the Trump administration to make a "good faith request to the government of El Salvador" to "release Cristian, [or Lozano-Camargo], to U.S. custody for transport back to the United States to await the adjudication of his asylum application on the merits by USCIS," which it had not done.
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Gallagher emphasized in court last week that her decision has nothing to do with the strength of his asylum request, and is based solely on due process protections.
"I don't think that this is a case about whether or not Cristian is going to eventually get asylum," she told lawyers for the Trump administration.
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"Process is important. We don't skip to the end and say, 'We all know how this is going to end so we'll just skip that part,'" she said. "Whether he ultimately receives asylum is not the issue. The issue is - and has always been - one of process."
Still, Gallagher agreed to stay her ruling for 48 hours, giving the administration time to appeal it to the higher court, which it did.
