A 20 -year -old Venezuelan man was seeking a return to the United States after sending him to El Salvador with a legal victory over the administration of President Donald Trump on Monday.
A committee divided from the Court of Appeal in the fourth district 2-1 voted to leave in a place to direct the Trump administration to facilitate the return of the man after a federal judge in Maryland decided that his deportation had violated a current legal settlement.
The man, who was determined in the court records by the “Christian” nickname, challenged his removal after he was sent in mid -March during a trip to El Salvador after President Trump summoned the law of foreign enemies.
The American boycott judge, Stephanie Gallagher, one of the appointed Trump in April that the removal of Christian violated a collective settlement on behalf of individuals who entered the United States as an unaccompanied palace and asked for asylum later.
Then the administration asked the Court of Appeal to reflect the matter of Gallaghar, on the pretext that the direction of returning Christian to the United States “would impose serious damage to foreign policy on the government and threaten the public interest, while doing nothing to Christian,” according to the government court files.
Deandrea Gist Benjamin and Roger Gregory, which was written to the majority of the committee, rejected the logic of management.
“The argument that the government will be damaged in an irreplaceable way” by facilitating the episodes of the return of Christian, “Benjamin, Benjamin, is appointed by Biden in the court’s court:” The injury of Christian arises from the fact that instead of deciding on his asylum request on the foundations – such as the guaranteed settlement agreement – was removed with brief procedures. “
More than 250 suspect gang members arrive in El Salvador by plane, including 238 members of the Venezuela Trend de Aragoa and 23 members of the MS-13 gang, who were deported to El Salvador by the United States in San Salvador, who sent it to Cannerly-SALVAST MEECS MEECS MEEC. Establishment prison. San Salvador forces took heavy security measures. (Photo by El Salvador Presidency / Anadolu via Getty Images)
Anadolu via Getty Images
In its proposal to survive, the government argued that the removal of Christian under the Law of Foreign Enemies was not a violation of the settlement agreement, which was completed in 2024.
The government also challenged the matter of Gallaghar on the basis that the “counseling asylum decision”, which was issued by USCis and Immigration services (USCis) after weeks of Kristian’s deportation, decided that he would be deprived of asylum because he is a member of the Trine de Aragua gang, which he denies.
The government also notes that Christian has a condemnation of the felony of drug possession in Harris Province, Texas.
ABC News contacted the Ministry of Internal Security and Christian attorneys to comment.
However, the majority of the Appeals Committee decided that the “guiding” asylum decision, which was reached without the chance of Cristian to overcome its results, “was not a real change in realistic conditions.
In a simultaneous opinion, Gregory, one of the two appointed in Clinton, criticized the Trump administration for trying to summon the law of foreign enemies to exempt its alleged breach of the settlement agreement in this case.
Gregory wrote: “The government’s argument in this case is that this uninterrupted protest can be used to empty any and all contractual obligations of the federal government. This cannot be – and not – the rule of law.”
In his opposition, the judge of the circle, Julius Richardson, who is appointed Trump, argued that the provincial court has exceeded its authority; And that Christian’s return to the United States will be useless, given that the demand close to his asylum request will be denied.
“However, in this case, the provincial court ordered the executive authority to engage in specific diplomatic negotiations with a foreign authority. Despite the serious problems and the little reason for the belief that its matter would help Christian, the provincial court entered a more powerful judicial order than any other court in the many foreign enemies cases suspended throughout the country.” Richardson wrote.
The Trump administration can now request the Court of Appeal in the fourth complete circle to review the case or seek a review by the US Supreme Court.
