Latest news with #Lozano-Camargo
Yahoo
19-05-2025
- Politics
- Yahoo
Trump admin must seek return of wrongly deported man to El Salvador, appeals court rules
A federal appeals court has left in place an order requiring the Trump administration to seek the return of a Venezuelan man deported in March from the U.S. to a prison in El Salvador. A panel of the 4th Circuit Court of Appeals voted 2-1Monday to deny the administration's request to block the order a federal judge in Maryland issued after concluding that the man, Daniel Lozano-Camargo, was deported in violation of a legal settlement involving asylum seekers who entered the U.S. as minors. The Trump administration delivered Lozano-Camargo to El Salvador on March 15, when it sent several planes full of deportees to Salvadoran custody. The flights came just hours after President Donald Trump's invocation of the Alien Enemies Act, a war power intended to speed the deportation of Venezuelan immigrants deemed by U.S. officials to be part of the gang Tren de Aragua. Lozano-Camargo was among about 130 Venezuelans deported under Trump's proclamation that day. But last month, U.S. District Judge Stephanie Gallagher — a Maryland-based Trump appointee — ordered the administration to facilitate Lozano-Camargo's return, saying the breach of the 2024 settlement required him to be brought back to receive due process. Justice Department lawyers urged the appeals court to reverse Gallagher's ruling, saying the judge had intruded on executive branch authority by ordering U.S. officials to reach out to their Salvadoran counterparts to seek the release of Lozano-Camargo, referred to in public court filings by the pseudonym 'Cristian.' 'The Government cannot facilitate Cristian's return telepathically — it must express in words to the government of El Salvador that Cristian be released for transport back to the United States,' Judge DeAndrea Benjamin, a Biden appointee, wrote for the appeals court panel's majority. Judge Julius Richardson, a Trump appointee, dissented. 'Many options may be available to district courts seeking to craft appropriate relief in response to deportations they find unlawful. But directing diplomatic negotiations to the Executive Branch is not among them,' he wrote. 'There is no such thing as a trifling discussion between heads of state; matters perceived as unimportant in the moment may unexpectedly bloom into trade pacts and environmental protocols — or deteriorate into war.' It's the second time the Richmond, Virginia-based 4th Circuit has left in place lower-court orders requiring the Trump administration to facilitate the return of immigrants who were wrongfully sent to El Salvador in the series of rushed flights in March. Kilmar Abrego Garcia's case has gained international attention amid the Trump administration's resistance to facilitating his return despite acknowledging his deportation to El Salvador violated a 2019 immigration judge's order. That order found Abrego Garcia could face persecution by a local gang if returned to his home country. Lozano-Camargo's case has generated less attention but follows similar contours. Richardson said the order in Lozano-Camargo's case went further than any in Abrego Garcia's case, but Benjamin and the third judge on the panel, Roger Gregory, disagreed. Gregory, a Clinton recess appointee who was re-nominated and confirmed under George W. Bush, took direct aim at Trump's claim that an incursion or predatory invasion of the U.S. by Tren de Aragua justified the invocation of the Alien Enemies Act to rapidly expel alleged members of the gang. 'As nearly every court to have reached the question has concluded, TdA's actions cannot constitute an invasion or predatory incursion within the ordinary meaning of the AEA's text,' Gregory wrote in a concurring opinion. 'I see no evidence of any kind to suggest any 'invasion' or 'predatory incursion' is afoot. The President cannot, by fiat, declare legal conclusions of whether there is or is not an invasion without providing underlying supportive facts.' The Trump administration could ask the full bench of the 4th Circuit to take up the issue or appeal to the Supreme Court. Spokespeople for the Homeland Security and Justice Departments did not immediately respond to requests for comment. Lawyers for Lozano-Camargo and other immigrants welcomed the appeals court's ruling. 'We will continue seeking to hold the government accountable to the promises it made in our settlement agreement to the thousands of vulnerable young people whose futures depend on the integrity of the process guaranteed under the settlement. We are hopeful that the appeals court, like the district court, will uphold the rights of Cristian and other class members to pursue their asylum claims safely in the United States,' the attorneys and immigration advocacy groups said in a statement.
Politico
19-05-2025
- Politics
- Politico
Trump admin must seek return of wrongly deported man to El Salvador, appeals court rules
A federal appeals court has left in place an order requiring the Trump administration to seek the return of a Venezuelan man deported in March from the U.S. to a prison in El Salvador. A panel of the 4th Circuit Court of Appeals voted 2-1 Monday to deny the administration's request to block the order a federal judge in Maryland issued after concluding that the man, Daniel Lozano-Camargo, was deported in violation of a legal settlement involving asylum seekers who entered the U.S. as minors. The Trump administration delivered Lozano-Camargo to El Salvador on March 15, when it sent several planes full of deportees to Salvadoran custody. The flights came just hours after President Donald Trump's invocation of the Alien Enemies Act, a war power intended to speed the deportation of Venezuelan immigrants deemed by U.S. officials to be part of the gang Tren de Aragua. Lozano-Camargo was among about 130 Venezuelans deported under Trump's proclamation that day. But last month, U.S. District Judge Stephanie Gallagher — a Maryland-based Trump appointee — ordered the administration to facilitate Lozano-Camargo's return, saying the breach of the 2024 settlement required him to be brought back to receive due process. Justice Department lawyers urged the appeals court to reverse Gallagher's ruling, saying the judge had intruded on executive branch authority by ordering U.S. officials to reach out to their Salvadoran counterparts to seek the release of Lozano-Camargo, referred to in public court filings by the pseudonym 'Cristian.' 'The Government cannot facilitate Cristian's return telepathically — it must express in words to the government of El Salvador that Cristian be released for transport back to the United States,' Judge DeAndrea Benjamin, a Biden appointee, wrote for the appeals court panel's majority. Judge Julius Richardson, a Trump appointee, dissented. 'Many options may be available to district courts seeking to craft appropriate relief in response to deportations they find unlawful. But directing diplomatic negotiations to the Executive Branch is not among them,' he wrote. 'There is no such thing as a trifling discussion between heads of state; matters perceived as unimportant in the moment may unexpectedly bloom into trade pacts and environmental protocols — or deteriorate into war.' It's the second time the Richmond, Virginia-based 4th Circuit has left in place lower-court orders requiring the Trump administration to facilitate the return of immigrants who were wrongfully sent to El Salvador in the series of rushed flights in March. Kilmar Abrego Garcia's case has gained international attention amid the Trump administration's resistance to facilitating his return despite acknowledging his deportation to El Salvador violated a 2019 immigration judge's order. That order found Abrego Garcia could face persecution by a local gang if returned to his home country. Lozano-Camargo's case has generated less attention but follows similar contours. Richardson said the order in Lozano-Camargo's case went further than any in Abrego Garcia's case, but Benjamin and the third judge on the panel, Roger Gregory, disagreed. Gregory, a Clinton recess appointee who was re-nominated and confirmed under George W. Bush, took direct aim at Trump's claim that an incursion or predatory invasion of the U.S. by Tren de Aragua justified the invocation of the Alien Enemies Act to rapidly expel alleged members of the gang. 'As nearly every court to have reached the question has concluded, TdA's actions cannot constitute an invasion or predatory incursion within the ordinary meaning of the AEA's text,' Gregory wrote in a concurring opinion. 'I see no evidence of any kind to suggest any 'invasion' or 'predatory incursion' is afoot. The President cannot, by fiat, declare legal conclusions of whether there is or is not an invasion without providing underlying supportive facts.' The Trump administration could ask the full bench of the 4th Circuit to take up the issue or appeal to the Supreme Court. Spokespeople for the Homeland Security and Justice Departments did not immediately respond to requests for comment. Lawyers for Lozano-Camargo and other immigrants welcomed the appeals court's ruling. 'We will continue seeking to hold the government accountable to the promises it made in our settlement agreement to the thousands of vulnerable young people whose futures depend on the integrity of the process guaranteed under the settlement. We are hopeful that the appeals court, like the district court, will uphold the rights of Cristian and other class members to pursue their asylum claims safely in the United States,' the attorneys and immigration advocacy groups said in a statement.
Yahoo
12-05-2025
- Politics
- Yahoo
Federal judge's order for Trump to return deported migrant temporarily halted on appeal
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. Federal Judge Orders Return Of Deported Migrant To Us, Rejecting Trump Request 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. Read On The Fox News App 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. Boasberg Grills Doj Over Remarks From Trump And Noem, Floats Moving Migrants To Gitmo In Action-packed Hearing 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. "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 article source: Federal judge's order for Trump to return deported migrant temporarily halted on appeal
Business Mayor
06-05-2025
- Politics
- Business Mayor
Identity of second man illegally deported to El Salvador prison revealed
The identity of a second man illegally deported from the US by the Trump administration in defiance of a court order and now in detention in El Salvador has been revealed. Daniel Lozano-Camargo, a 20-year-old Venezuelan, was deported to El Salvador's notorious Cecot terrorism confinement facility in March under the White House's invocation of the Alien Enemies Act, Politico reported. His deportation came after authorities declared him, along with about 240 other men, to be a member of Tren de Aragua, a Venezuelan gang that the US government has defined as a terrorist organization. Lozano-Camargo's family members deny that he has gang affiliations. Politico revealed Lozano-Camargo's identity after a Maryland judge last month ruled that the Trump administration had improperly removed him in violation of a 2024 legal settlement that forbade immigration authorities from deporting him while his application for asylum was pending. The judge, Stephanie Gallagher, who was appointed to the bench by Trump, ordered officials to 'facilitate' Lozano-Camargo's return to the US. So far, the administration has not complied. He is reported to have entered the US in 2022 as an asylum seeker, initially spending time in a facility for underage migrants until he turned 18. According to Politico, he was subsequently twice arrested for possession of cocaine, most recently last November, and was sentenced in January to 120 days in prison. It was from there that he was transferred to the custody of the Immigration, Customs and Enforcement authority (Ice), which filed an application for his detention, claiming that he was in the country illegally. In her ruling, Gallagher agreed with immigrant rights advocates that Lozano-Camargo should not have been deported until his asylum application was resolved. While withholding his identity by referring to him only by a pseudonym, 'Cristian', she said he was 'fleeing danger and threats in Venezuela'. Politico said Lozano-Camargo's identity was disclosed in metadata embedded in government court filings. A justice department court filing released on Monday disputed the judge's assessment, saying he belonged to 'a violent terrorist gang', thus disqualifying him from asylum in the US. Bringing him back to the US 'would no longer serve any legal or practical purpose', justice department lawyers wrote. Gallagher was due to further rule on the matter in a Baltimore court on Tuesday. Lozano-Camargo's case resembles that of Kilmar Ábrego García, a Maryland resident who was deported to El Salvador in March despite a previous court order issued in 2019 establishing that he had protected status because he was at risk of violence if he was returned to the country of his origin. Ábrego García is Salvadorian by birth. The US government, which has claimed that he is a member of the MS-13 gang – something Ábrego García denies – admitted that he had been deported by mistake but has defied court orders to return him to the US. skip past newsletter promotion Sign up to This Week in Trumpland A deep dive into the policies, controversies and oddities surrounding the Trump administration Privacy Notice: Newsletters may contain info about charities, online ads, and content funded by outside parties. For more information see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply. after newsletter promotion Ábrego García was removed from the US on the same set of flights as Lozano-Camargo but has been transferred from Cecot to another facility because of the international publicity surrounding his case. Lozano-Camargo's family has tried to draw attention to his plight in social media posts. His mother, Daniela, has proclaimed his innocence in a tearful Facebook video. Possessing a valid work permit, he is said to have been living in Houston and washing cars for a living before his detention. His deportation was among those highlighted by the Guardian in March, amid speculation that he was one of hundreds of Venezuelans singled out for removal on the basis of their tattoos, which authorities claimed identified them as members of Tren de Aragua. Lozano-Camargo is said to have several tattoos, including one bearing the name of his father – who died when he was a child. Critics say Tren de Aragua members do not use tattoos to advertise their membership of the gang.
Yahoo
06-05-2025
- Politics
- Yahoo
Identity of second deported man who judge wants returned to US revealed as Trump admin fights order
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Generate Key Takeaways The identity of a second migrant in Maryland who was deported to El Salvador in March was revealed this week while the Trump administration continues to resist a federal judge's orders to return him to the U.S. The individual, previously referred to only as "Cristian" in earlier documents, was identified Monday as Daniel Lozano-Camargo, a 20-year-old Venezuelan man who had been living in Houston prior to January, when he was arrested for cocaine possession and subsequently deported to El Salvador in March. News of his identity was first reported by Politico. U.S. District Judge Stephanie Gallagher ruled late last month that the Trump administration violated a settlement agreement that the Department of Homeland Security (DHS) struck last year with a group of young asylum seekers, including Lozano-Camargo, by deporting him before his asylum request was heard in full. The 20-year-old was part of a group of migrants who had entered the U.S. illegally as unaccompanied children and who later filed asylum claims to remain in the U.S. Abrego Garcia's Wife Begged Judge For Protection Order, Saying 'He Slapped Me': Audio In her April ruling, Gallagher emphasized that unlike other legal challenges to Trump-era deportations under the Alien Enemies Act, this case hinges on an alleged "breach of contract," as DHS had agreed not to deport the individuals until their asylum claims were fully adjudicated in U.S. court. Read On The Fox News App Lozano-Camargo's December 2022 asylum request was still pending when he was deported along with hundreds of other migrants on March 15 to El Salvador. As a result, Gallagher 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." She also alluded to the deportation of Kilmar Abrego Garcia, the alleged MS-13 member living in Maryland who was also deported to El Salvador last month in what administration officials have acknowledged was an administrative error. President Donald Trump in the Oval Office holding a photo of the tattoos on Abrego Garcia's knuckles that the White House says are affiliated with the MS-13 terrorist group. To date, U.S. officials have resisted court orders to "facilitate" the return of Abrego Garcia – arguments they doubled down on Monday in a court filing to Gallagher. The Trump administration previously told the court it had determined that Lozano-Camargo was eligible for removal under the Alien Enemies Act because he had been arrested and convicted for cocaine possession earlier this year. This appears to be his second low-level drug offense. 'I Am Afraid': Another Protective Order Filing Against Deported 'Maryland Man' Championed By Dems Surfaces Trump officials doubled down on this in a Monday court filing, telling the court there was no breach of contract with DHS in Lozano-Camargo's case, They told the court that his designation as an "alien enemy pursuant to the AEA results in him ceasing to be a member" of the class that had negotiated a settlement – "aliens subject to removal" under the 1798 Alien Enemies Act proclamation "cannot claim asylum, and therefore are not class members." To date, there is no public evidence that Lozano-Camargo is a member of the Venezuelan gang Tren de Aragua, which Trump declared on March 15 to be a designated "Foreign Terrorist Organization" in an effort to allow them to more quickly deport certain migrants from the U.S. 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 TdA. Portions of their most recent court filing have been redacted. Original article source: Identity of second deported man who judge wants returned to US revealed as Trump admin fights order
