Latest news with #4thCircuitCourtofAppeals
Yahoo
5 days ago
- General
- Yahoo
Judge Thwacks Trump Admin For Defying Her Order In Alien Enemies Act Case
The pattern of defiance is so familiar now that there is almost no benefit of the doubt left for federal judges to give the Trump administration. This morning, in one of the key cases in which the U.S. government has been ordered to 'facilitate' the return of a deported individual, U.S. District Judge Stephanie Gallagher of Maryland set the stage for contempt proceedings against the administration after finding that it 'utterly disregarded' her order to provide a status report on the pseudonymous plaintiff 'Cristian' in a closely watched Alien Enemies Act case. Gallagher called the government's late-filed status report on Tuesday 'the functional equivalent of, 'We haven't done anything and don't intend to.'' She thwacked the government for being late with the status report and ignoring the substance of what she had asked it to contain. Cristian, a Venezuelan national, was deported to El Salvador on March 15 under the Alien Enemies Act in violation of a 2024 settlement agreement barring the removal of asylum seekers like him. Following the lead of the Abrego Garcia case, Gallagher ordered the Trump administration to facilitate Cristian's return. After the 4th Circuit Court of Appeals last week declined the government's request to pause her order while it appealed, Gallagher quickly ordered the Trump administration to provide her with a status report within a week on Cristian's status and the steps it had taken and planned to take to facilitate his return to the United States. As I noted here, the administration filed the status report after her deadline and did not substantively answer her questions. 'Instead, Defendants simply reiterated their well-worn talking points on their reasons for removing Cristian and failed to provide any of the information the Court required,' Gallagher concluded in her latest order. Gallagher pulled no punches, writing that the administration's status report: 'adds nothing to the underlying record' 'reflects a lack of any effort' 'shows zero effort to comply' is 'patently insufficient' shows a 'blatant lack of effort' What happens now? Gallagher all but urged Cristian's counsel to initiate contempt of court proceedings against the Trump administration, inviting them to give her input on 'a process to create an appropriate record on Defendants' lack of compliance with this Court's Orders.' In the meantime, she gave the administration until 5 p.m. ET Monday to cure its noncompliance with a more fulsome status report. In the slow-moving, drawn-out constitutional clash in the handful of 'facilitate' cases, the Cristian case is quickly catching up to the others as a flash point in whether the judicial branch will hold or be able to hold the line against a defiant executive.
Yahoo
20-05-2025
- Politics
- Yahoo
Appeals court sides with Venezuelan man seeking return to US from El Salvador
A 20-year-old Venezuelan man seeking a return to the United States after being sent to El Salvador won a legal victory over President Donald Trump's administration on Monday. A divided panel of the 4th Circuit Court of Appeals voted 2-1 to leave in place an order directing the Trump administration to facilitate the man's return after a federal judge in Maryland determined that his deportation breached an existing legal settlement. The man, identified in court records by the pseudonym "Cristian," challenged his removal after he was sent in mid-March on a flight to El Salvador following President Trump's invocation of the Alien Enemies Act. U.S. District Judge Stephanie Gallagher, a Trump appointee, found in April that Cristian's removal violated a class action settlement on behalf of individuals who entered the U.S. as unaccompanied minors and later sought asylum. MORE: Timeline: Wrongful deportation of Kilmar Abrego Garcia to El Salvador The administration then asked the appellate court to reverse Gallagher's order, arguing that the directive to return Cristian to the U.S. "would impose serious foreign-policy harms on the Government and threaten the public interest, while doing nothing for Cristian," according to the government's court filings. Circuit Judges DeAndrea Gist Benjamin and Roger Gregory, writing for the panel's majority, rejected the administration's reasoning. "The argument that the Government would be 'irreparably harmed' by facilitating Cristian's return rings hollow," Benjamin wrote. "Cristian's injury arises from the fact that instead of having his asylum application adjudicated on the merits—as the Settlement Agreement guaranteed—he was summarily removed," added Benjamin, a Biden appointee to the circuit court. The government argued in its motion to stay that removing Cristian under the Alien Enemies Act was not a breach of the settlement agreement, which was finalized in 2024. The government also challenged Gallagher's order on the grounds that an "Indicative Asylum Decision," issued by US Citizenship and Immigration Services (USCIS) weeks after Cristian's deportation, determined he would be denied asylum because he is an admitted Tren de Aragua gang member, which he denies. The government also notes Cristian has a felony drug possession conviction in Harris County, Texas. ABC News has reached out to the Department of Homeland Security and Cristian's lawyers for a comment. MORE: Trump says 'I could' get Abrego Garcia back from El Salvador The appellate panel majority, however, determined that the "indicative" asylum decision, reached without an opportunity for Cristian to contest its findings, "was not an authentic change in factual circumstances." In a concurring opinion, Gregory, a Clinton appointee, criticized the Trump administration for its attempt to invoke the Alien Enemies Act to excuse its alleged breach of the settlement agreement in this case. "The government's argument in this case is that this plainly invalid invocation of the Act can be used to void any and all contractual obligations of the federal government. That cannot be -- and is not -- the rule of law," Gregory wrote. In his dissent, Circuit Judge Julius Richardson -- a Trump appointee -- argued that the district court's order exceeded its authority; and that returning Cristian to the United States would be futile, given the near-certainty that his application for asylum would be denied. "Still, it is in this case that the district court has directed the Executive to engage in specific diplomatic negotiations with a foreign power. Despite serious merits problems and little reason to think its order would help Cristian, the district court entered a more potent injunction than any other court has in the numerous Alien Enemies cases pending across the country." Richardson wrote. The Trump administration could now ask the full 4th Circuit Court of Appeals to review the case or petition for review by the U.S. Supreme Court. Appeals court sides with Venezuelan man seeking return to US from El Salvador originally appeared on
Yahoo
20-05-2025
- Politics
- Yahoo
Appeals court sides with Venezuelan man seeking return to US from El Salvador
A 20-year-old Venezuelan man seeking a return to the United States after being sent to El Salvador won a legal victory over President Donald Trump's administration on Monday. A divided panel of the 4th Circuit Court of Appeals voted 2-1 to leave in place an order directing the Trump administration to facilitate the man's return after a federal judge in Maryland determined that his deportation breached an existing legal settlement. The man, identified in court records by the pseudonym "Cristian," challenged his removal after he was sent in mid-March on a flight to El Salvador following President Trump's invocation of the Alien Enemies Act. U.S. District Judge Stephanie Gallagher, a Trump appointee, found in April that Cristian's removal violated a class action settlement on behalf of individuals who entered the U.S. as unaccompanied minors and later sought asylum. MORE: Timeline: Wrongful deportation of Kilmar Abrego Garcia to El Salvador The administration then asked the appellate court to reverse Gallagher's order, arguing that the directive to return Cristian to the U.S. "would impose serious foreign-policy harms on the Government and threaten the public interest, while doing nothing for Cristian," according to the government's court filings. Circuit Judges DeAndrea Gist Benjamin and Roger Gregory, writing for the panel's majority, rejected the administration's reasoning. "The argument that the Government would be 'irreparably harmed' by facilitating Cristian's return rings hollow," Benjamin wrote. "Cristian's injury arises from the fact that instead of having his asylum application adjudicated on the merits—as the Settlement Agreement guaranteed—he was summarily removed," added Benjamin, a Biden appointee to the circuit court. The government argued in its motion to stay that removing Cristian under the Alien Enemies Act was not a breach of the settlement agreement, which was finalized in 2024. The government also challenged Gallagher's order on the grounds that an "Indicative Asylum Decision," issued by US Citizenship and Immigration Services (USCIS) weeks after Cristian's deportation, determined he would be denied asylum because he is an admitted Tren de Aragua gang member, which he denies. The government also notes Cristian has a felony drug possession conviction in Harris County, Texas. ABC News has reached out to the Department of Homeland Security and Cristian's lawyers for a comment. MORE: Trump says 'I could' get Abrego Garcia back from El Salvador The appellate panel majority, however, determined that the "indicative" asylum decision, reached without an opportunity for Cristian to contest its findings, "was not an authentic change in factual circumstances." In a concurring opinion, Gregory, a Clinton appointee, criticized the Trump administration for its attempt to invoke the Alien Enemies Act to excuse its alleged breach of the settlement agreement in this case. "The government's argument in this case is that this plainly invalid invocation of the Act can be used to void any and all contractual obligations of the federal government. That cannot be -- and is not -- the rule of law," Gregory wrote. In his dissent, Circuit Judge Julius Richardson -- a Trump appointee -- argued that the district court's order exceeded its authority; and that returning Cristian to the United States would be futile, given the near-certainty that his application for asylum would be denied. "Still, it is in this case that the district court has directed the Executive to engage in specific diplomatic negotiations with a foreign power. Despite serious merits problems and little reason to think its order would help Cristian, the district court entered a more potent injunction than any other court has in the numerous Alien Enemies cases pending across the country." Richardson wrote. The Trump administration could now ask the full 4th Circuit Court of Appeals to review the case or petition for review by the U.S. Supreme Court. Appeals court sides with Venezuelan man seeking return to US from El Salvador originally appeared on
20-05-2025
- Politics
Appeals court sides with Venezuelan man seeking return to US from El Salvador
A 20-year-old Venezuelan man seeking a return to the United States after being sent to El Salvador won a legal victory over President Donald Trump's administration on Monday. A divided panel of the 4th Circuit Court of Appeals voted 2-1 to leave in place an order directing the Trump administration to facilitate the man's return after a federal judge in Maryland determined that his deportation breached an existing legal settlement. The man, identified in court records by the pseudonym "Cristian," challenged his removal after he was sent in mid-March on a flight to El Salvador following President Trump's invocation of the Alien Enemies Act. U.S. District Judge Stephanie Gallagher, a Trump appointee, found in April that Cristian's removal violated a class action settlement on behalf of individuals who entered the U.S. as unaccompanied minors and later sought asylum. The administration then asked the appellate court to reverse Gallagher's order, arguing that the directive to return Cristian to the U.S. "would impose serious foreign-policy harms on the Government and threaten the public interest, while doing nothing for Cristian," according to the government's court filings. Circuit Judges DeAndrea Gist Benjamin and Roger Gregory, writing for the panel's majority, rejected the administration's reasoning. "The argument that the Government would be 'irreparably harmed' by facilitating Cristian's return rings hollow," Benjamin wrote. "Cristian's injury arises from the fact that instead of having his asylum application adjudicated on the merits—as the Settlement Agreement guaranteed—he was summarily removed," added Benjamin, a Biden appointee to the circuit court. The government argued in its motion to stay that removing Cristian under the Alien Enemies Act was not a breach of the settlement agreement, which was finalized in 2024. The government also challenged Gallagher's order on the grounds that an "Indicative Asylum Decision," issued by US Citizenship and Immigration Services (USCIS) weeks after Cristian's deportation, determined he would be denied asylum because he is an admitted Tren de Aragua gang member, which he denies. The government also notes Cristian has a felony drug possession conviction in Harris County, Texas. ABC News has reached out to the Department of Homeland Security and Cristian's lawyers for a comment. The appellate panel majority, however, determined that the "indicative" asylum decision, reached without an opportunity for Cristian to contest its findings, "was not an authentic change in factual circumstances." In a concurring opinion, Gregory, a Clinton appointee, criticized the Trump administration for its attempt to invoke the Alien Enemies Act to excuse its alleged breach of the settlement agreement in this case. "The government's argument in this case is that this plainly invalid invocation of the Act can be used to void any and all contractual obligations of the federal government. That cannot be -- and is not -- the rule of law," Gregory wrote. In his dissent, Circuit Judge Julius Richardson -- a Trump appointee -- argued that the district court's order exceeded its authority; and that returning Cristian to the United States would be futile, given the near-certainty that his application for asylum would be denied. "Still, it is in this case that the district court has directed the Executive to engage in specific diplomatic negotiations with a foreign power. Despite serious merits problems and little reason to think its order would help Cristian, the district court entered a more potent injunction than any other court has in the numerous Alien Enemies cases pending across the country." Richardson wrote. The Trump administration could now ask the full 4th Circuit Court of Appeals to review the case or petition for review by the U.S. Supreme Court.
Yahoo
19-05-2025
- Politics
- Yahoo
Trump Admin Must Facilitate Return Of Another Wrongfully Deported Man, Appeals Court Rules
For the second time in as many months, a federal appeals court declined to pause a lower court order requiring the Trump administration to 'facilitate' the return of a foreign national wrongfully deported to El Salvador. In a 2-1 ruling, a three-judge panel of the 4th Circuit Court of Appeals declined to stay a key portion of a lower court order out of Maryland that found a 20-year-old Venezuelan man was removed to the CECOT prison on March 15 under the Alien Enemies Act in violation of an existing 2024 court-approved settlement agreement which barred the removal of asylum seekers like him. The man is proceeding in the case under the pseudonym 'Cristian.' Cristian's case is similar to that of Kilmar Abrego Garcia, another wrongful deportation case out of Maryland in which the Trump administration has been ordered by the Supreme Court to facilitate the detainee's return but continues to defy the order. Unlike Cristian, Abrego Garcia was not removed under the Alien Enemies Act, although his removal was on the same day that three planes flew detainees from Texas to El Salvador. Abrego Garcia's removal was in violation of a court order barring his removal, not a settlement agreement. Abrego Garcia is seeking a writ of habeas corpus whereas Cristian's case is a breach of contract claim. In Cristian's case, U.S. District Judge Stephanie A. Gallagher issued her order for the government to facilitate his return on April 23. The Trump administration appealed her ruling to the 4th Circuit and asked for it to block Gallagher's order while the appeal proceeded. The 4th Circuit issued an administrative stay on May 8, pausing the case while it considered the administration's request. In deciding not to grant the Trump administration a stay on the portion of the order requiring it to facilitate Cristian's return, two of the three judges agreed but filed separate concurring opinions, not a single majority opinion. 'Nothing here is meant to pass judgement on whether Cristian is entitled to asylum—that question is beside the point,' Judge DeAndrea Benjamin, a Biden appointee, wrote in a concurring opinion with which Judge Roger Gregory joined. 'Rather, the Settlement Agreement guaranteed Cristian an adjudication of his asylum application on the merits—something his summary removal deprived him of.' Gregory, a George W. Bush appointee, wrote a separate concurring opinion that strongly rebuffed the Trump administration: 'As is becoming far too common, we are confronted again with the efforts of the Executive Branch to set aside the rule of law in pursuit of its goals. It is the duty of courts to stand as a bulwark against the political tides that seek to override constitutional protections and fundamental principles of law, even in the name of noble ends like public safety.' In dissent, Judge Julius Richardson, a Trump appointee, called the lower court order in this case 'a more potent injunction than any other court has in the numerous Alien Enemies cases pending across the country': At bottom, the district court imposed an injunction that exceeds its power. And it did so to remedy government action that did not breach the agreement—unlawful though it may have been in other ways. Because the injunction goes too far, and the government's success on the merits is therefore all but assured, I would grant a stay With the Trump administration having successfully stonewalled the court order in the Abrego Garcia case for weeks, it's not clear that it will move with any greater alacrity in this case, especially since unlike Abrego Garcia, Cristian was removed under the Alien Enemies Act. At issue on appeal was Paragraph 2 of Judge Gallagher's April 23 order: Defendants are hereby ORDERED to facilitate Class Member Cristian's return to the United States to await the adjudication of his asylum application on the merits by USCIS under the terms of the Settlement Agreement. Facilitation includes, but is not limited to, a good faith request by Defendants to the government of El Salvador to release Cristian to U.S. custody for transport back to the United States. The Trump administration may next ask the Supreme Court to intervene to pause the order while the case proceeds.
