Latest news with #Melgar-Salmeron
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Business Standard
38 minutes ago
- Politics
- Business Standard
Court orders Trump admin to return man wrongly deported to El Salvador
A federal appeals court ordered the Trump administration to return a Salvadoran man who was deported from the US in early May as a result of an 'inadvertent' and 'improper' government error. The 2nd US Circuit Court of Appeals in New York told the government to return Jordin Alexander Melgar-Salmeron 'as soon as possible' after officials said he was put on a flight to El Salvador on May 7 'due to a confluence of administrative errors.' 'The government is hereby ordered to facilitate the return of petitioner to the United States as soon as possible to 'ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,'' a panel of appellate judges said in a two-page order Tuesday. The Trump administration, which has faced opposition to its deportation campaign, has said that it is prioritising the removal of criminals and other people who present a danger to the community. Melgar-Salmeron pleaded guilty to illegal possession of a shotgun and was sentenced to two years in prison in 2021. Melgar-Salmeron's lawyer, Matthew Borowski, said that his client had been affiliated with the MS-13 street gang, but left the group years ago and was working in construction. Melgar-Salmeron is married to a US citizen and has four children, he said. 'We're very happy about this ruling and look forward to his return,' Borowski said. He said his client's family believes he's being held in Izalco prison in El Salvador but 'there is no way of independently confirming it.' In a statement, Department of Homeland Security Assistant Secretary Tricia McLaughlin called the ruling 'completely at odds with President Trump's duty to faithfully execute federal law.' She cited Melgar-Salmeron's criminal record in the US and El Salvador and said he'd been under a final order of removal from the US. The 2nd Circuit said that on May 7 Melgar-Salmeron was escorted onto a flight that did not take off from the US until 10:20 a.m., about 30 minutes after the appeals court ruled that he couldn't be taken out of the country. The US, meanwhile, conceded 'a perfect storm of errors occurred' that caused Melgar-Salmeron's 'untimely and inadvertent removal,' the court said. As in some of the other cases involving improperly deported immigrants, the judges ordered a government official with personal knowledge of the situation to provide them with Melgar-Salmeron's current physical location, his custodial status as well as what steps the US will take to facilitate his return.
9 hours ago
- Politics
Trump administration ordered to return wrongly deported man from El Salvador
A federal appeals court has ordered the Trump administration to facilitate the return of another man who was wrongly deported to El Salvador in violation of a court order. The order to facilitate the return of Jordin Alexander Melgar-Salmeron, a 31-year-old Salvadoran who was deported last month minutes after a federal appeals court barred his removal, is the fourth known case of a migrant ordered to be returned to the U.S. after being wrongly removed. Two of the migrants, including Kilmar Abrego Garcia and a Guatemalan man identified in court papers as O.C.G. who was wrongly deported to Mexico, have been returned to the U.S. On Tuesday, the three-judge panel of the 2nd Circuit Court of Appeals found that Melgar-Salmeron's deportation was "improper" because it "contradicted" the government's assurances to the court that it would not remove him. The court ordered the administration to facilitate the return of Melgar-Salmeron "as soon as possible" to "ensure that his case is handled as it would have been had he not been improperly sent to El Salvador." The Trump administration was also ordered to file a declaration from an individual with personal knowledge about the 31-year-old's current physical location and what steps the government will take to facilitate Melgar-Salmeron's return to the U.S. According to court records, Melgar-Salmeron had been in immigration detention in the U.S. for two years following a prison sentence for possessing an "unregistered sawed-off shotgun." In April, Immigration and Customs Enforcement scheduled his removal for May 9. But on May 7, minutes after a federal appeals court barred Melgar-Salmeron's deportation, he was removed to El Salvador.
Yahoo
10 hours ago
- Politics
- Yahoo
Another man who was deported in violation of court order must be returned to US, court rules
The Trump administration must try to bring back to the U.S. another man who was deported to El Salvador in violation of a court order, a federal appeals court ruled Tuesday. It's the fourth time since March that federal courts have ordered the administration to return immigrants who were deemed illegally or improperly deported. Officials must begin seeking the return of Jordin Melgar-Salmeron, who was sent to his native country on May 7, 'as soon as possible,' a three-judge panel of the New York-based 2nd Circuit Court of Appeals ruled. Justice Department officials acknowledged last month that Melgar-Salmeron's deportation violated an earlier directive from the 2nd Circuit. A department lawyer blamed a 'confluence of administrative errors,' including missed emails and an inaccurate roster of passengers on the May 7 deportation flight. But the Department of Homeland Security contradicted that assessment in a public statement, saying there was 'no error' and accusing Melgar-Salmeron of belonging to the violent MS-13 gang. Melgar-Salmeron's situation resembles the cases of three other men whose hurried deportations prompted strong pushback from courts. All allegedly entered the U.S. without authorization but had protections from being immediately deported. Two of the men, Kilmar Abrego Garcia and Daniel Lozano Camargo, were sent to El Salvador on March 15. Abrego Garcia's deportation violated a binding 2019 order from an immigration judge, who had barred the government from sending him to El Salvador because he faced a risk of violence there. Lozano Camargo's deportation violated a binding court settlement related to certain undocumented immigrants who arrived in the U.S. as minors. And another man, identified in court papers only as O.C.G., was ordered returned from overseas by a federal judge in Massachusetts after administration officials acknowledged that they had no evidence he was offered a 'credible fear' assessment before he was deported to Mexico. Authorities are supposed to conduct such assessments to ensure they are complying with legal requirements not to deport people to countries where they have a credible fear of torture or persecution. The administration arranged for the return of O.C.G. earlier this month, and brought back Abrego to face criminal immigrant smuggling charges. A recent update from the Department of Homeland Security indicated that discussions with El Salvador related to Lozano Camargo's return are continuing. Melgar-Salmeron, who spent years living in Virginia, had been in immigration detention since 2022 until his deportation last month. That detention followed a prison sentence for possessing an unregistered shotgun, according to court records. Though he had originally also been charged with entering the country illegally, he was allowed to plead guilty in 2021 to only the firearms charge. After his prison sentence ended, Melgar-Salmeron was detained by immigration authorities while deportation proceedings against him were ongoing. In January 2024, the Biden administration put Melgar-Salmeron's deportation case on hold amid broader litigation over immigration policy. In April, the Trump administration moved to lift that hold. The Justice Department asked the appeals court to 'expedite' Melgar-Salmeron's case and indicated that it wanted to deport him by May 9 'at the latest' — but assured the court no deportation would take place before May 8. On the morning of May 7, a three-judge panel of the 2nd Circuit ordered the government to keep Melgar-Salmeron in the United States while he pursued claims about fear of torture in his home country. But, about 30 minutes later, Melgar-Salmeron was on a deportation flight. The three judges who issued the unanimous order Tuesday for Melgar-Salmeron's return are Trump appointee Richard Sullivan and Biden appointees Alison Nathan and Maria Araujo Kahn. They cited the Supreme Court's ruling in Abrego Garcia's case, which required the administration to 'ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.' The judges also ordered the administration to provide an update next week on Melgar-Salmeron's location and the steps that officials will take to facilitate his return.
Politico
11 hours ago
- Politics
- Politico
Another man who was deported in violation of court order must be returned to US, court rules
The Trump administration must try to bring back to the U.S. another man who was deported to El Salvador in violation of a court order, a federal appeals court ruled Tuesday. It's the fourth time since March that federal courts have ordered the administration to return immigrants who were deemed illegally or improperly deported. Officials must begin seeking the return of Jordin Melgar-Salmeron, who was sent to his native country on May 7, 'as soon as possible,' a three-judge panel of the New York-based 2nd Circuit Court of Appeals ruled. Justice Department officials acknowledged last month that Melgar-Salmeron's deportation violated an earlier directive from the 2nd Circuit. A department lawyer blamed a 'confluence of administrative errors,' including missed emails and an inaccurate roster of passengers on the May 7 deportation flight. But the Department of Homeland Security contradicted that assessment in a public statement, saying there was 'no error' and accusing Melgar-Salmeron of belonging to the violent MS-13 gang. Melgar-Salmeron's situation resembles the cases of three other men whose hurried deportations prompted strong pushback from courts. All allegedly entered the U.S. without authorization but had protections from being immediately deported. Two of the men, Kilmar Abrego Garcia and Daniel Lozano Camargo, were sent to El Salvador on March 15. Abrego Garcia's deportation violated a binding 2019 order from an immigration judge, who had barred the government from sending him to El Salvador because he faced a risk of violence there. Lozano Camargo's deportation violated a binding court settlement related to certain undocumented immigrants who arrived in the U.S. as minors. And another man, identified in court papers only as O.C.G., was ordered returned from overseas by a federal judge in Massachusetts after administration officials acknowledged that they had no evidence he was offered a 'credible fear' assessment before he was deported to Mexico. Authorities are supposed to conduct such assessments to ensure they are complying with legal requirements not to deport people to countries where they have a credible fear of torture or persecution. The administration arranged for the return of O.C.G. earlier this month, and brought back Abrego to face criminal immigrant smuggling charges. A recent update from the Department of Homeland Security indicated that discussions with El Salvador related to Lozano Camargo's return are continuing. Melgar-Salmeron, who spent years living in Virginia, had been in immigration detention since 2022 until his deportation last month. That detention followed a prison sentence for possessing an unregistered shotgun, according to court records. Though he had originally also been charged with entering the country illegally, he was allowed to plead guilty in 2021 to only the firearms charge. After his prison sentence ended, Melgar-Salmeron was detained by immigration authorities while deportation proceedings against him were ongoing. In January 2024, the Biden administration put Melgar-Salmeron's deportation case on hold amid broader litigation over immigration policy. In April, the Trump administration moved to lift that hold. The Justice Department asked the appeals court to 'expedite' Melgar-Salmeron's case and indicated that it wanted to deport him by May 9 'at the latest' — but assured the court no deportation would take place before May 8. On the morning of May 7, a three-judge panel of the 2nd Circuit ordered the government to keep Melgar-Salmeron in the United States while he pursued claims about fear of torture in his home country. But, about 30 minutes later, Melgar-Salmeron was on a deportation flight. The three judges who issued the unanimous order Tuesday for Melgar-Salmeron's return are Trump appointee Richard Sullivan and Biden appointees Alison Nathan and Maria Araujo Kahn. They cited the Supreme Court's ruling in Abrego Garcia's case, which required the administration to 'ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.' The judges also ordered the administration to provide an update next week on Melgar-Salmeron's location and the steps that officials will take to facilitate his return.
Newsweek
13 hours ago
- Politics
- Newsweek
Trump Admin Ordered To Return Man Deported To El Salvador
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. President Donald Trump's administration has been ordered to return a Salvadoran man who was deported minutes after a federal appeals court blocked his removal. Jordin Melgar-Salmeron was deported to El Salvador on May 7 despite an order from the U.S. Court of Appeals for the Second Circuit, New York, blocking it. On Tuesday, the appeals court ordered the administration to "facilitate the return" of Melgar-Salmeron as soon as possible to "ensure that his case is handled as it would have been had he not been improperly sent to El Salvador." It also directed the government to return to court within one week to provide details on the current location of Melgar-Salmeron, and how it planned to return him to the U.S. This is a breaking news story, updates to follow.
