The U.S. Court of Appeals is set to review an appeal from the Trump administration aimed at preventing the return of a 20-year-old Venezuelan asylum seeker who was deported to El Salvador earlier this year. Until the review is complete, he will remain in custody in El Salvador.
Last week, the Fourth Circuit Court of Appeals agreed to look into the case, which challenges a previous ruling requiring the administration to return the individual to the U.S. by May 15.
The Appeals Court instructed the plaintiff to submit a response by noon on Monday, while the Trump administration has until 9 a.m. Tuesday to reply.
The case centers around Daniel Rozano Camargo, a Venezuelan national previously referred to as “Christian” in legal documents, who was expelled to El Salvador in March amid early deportation efforts by the Trump administration.
A federal judge had ordered that exiled immigrants be returned to the U.S., rejecting Trump’s appeal on this matter.
Judge Stephanie Gallagher, appointed by Trump, ruled in April that the deportation breached an agreement made by the Department of Homeland Security (DHS) with Camargo and other young asylum seekers who arrived in the U.S. without adult supervision.
This agreement stipulated that the DHS would not deport these individuals until their asylum requests had been fully adjudicated in U.S. courts. Last month, Gallagher ruled that the deportation was a “breach of contract,” and mandated the government to facilitate Camargo’s return since his asylum case remains unresolved.
She reiterated this decision in court last week, dismissing new arguments made by the Department of Justice that claimed Camargo was eligible for removal under the law. They also noted prior convictions related to possession of cocaine in Houston this year.
Justice Department officials previously stated that he belonged to a “gang of violent terrorists,” but did not connect him to the Tren de Aragua gang specifically. Some recent filings from their side had been redacted.
Gallagher had instructed the Trump administration to “liberate Christian” and bring him back to the U.S., ensuring he would be held there while awaiting a decision on his asylum application.
During court proceedings, Gallagher made clear that her ruling was primarily focused on the integrity of legal processes rather than the merits of Camargo’s asylum claims.
She emphasized to a Trump administration lawyer, “This isn’t about whether Christian ultimately receives asylum.” Instead, she pointed out the importance of adhering to legal procedures: “It’s crucial that we don’t skip steps just because we think we know the outcome.”
Despite her commitment to the ruling, Gallagher allowed a 48-hour period for the administration to appeal it to a higher court.
