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Trump admin must seek return of wrongly deported man to El Salvador, appeals court rules

  • A federal appeals panel, split with a 2-1 decision, denied the Trump administration’s bid to suspend a judge’s directive ordering the government to assist in returning a Venezuelan refugee who was mistakenly deported to El Salvador earlier this year.
  • The dispute arose because US District Judge Stephanie Gallagher found the administration violated a November court settlement that protected young migrants with pending asylum claims, including Cristian who was deported under the Alien Enemies Act invoked by Trump.
  • Gallagher directed officials to work with Salvadoran authorities to bring Cristian back from a prison in El Salvador so his asylum claim could be resolved, but the administration had largely failed to comply despite the court's order.
  • Judges Gregory and Benjamin upheld the order, with Gregory sharply criticizing the executive branch for attempting to override the rule of law, while dissenting Judge Richardson argued the ruling overstepped judicial bounds.
  • The ruling emphasizes courts must enforce legal process despite political pressure, and it sets the stage for a probable Supreme Court review amid claims that Cristian's removal denied him the right to contest government gang membership accusations.
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Virginia Lawyers Weekly broke the news in on Monday, May 19, 2025.
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