Appeals court sides with Venezuelan man seeking return to US from El Salvador

A 20-year-old Venezuelan man has achieved a significant legal victory over the Trump administration in his quest to return to the United States after being deported to El Salvador. The 4th Circuit Court of Appeals, in a divided 2-1 decision, upheld an order directing the administration to facilitate the man’s return following a federal judge’s ruling that his deportation violated a legal settlement.

The man, known as “Cristian” in court documents, challenged his removal after being sent to El Salvador in March under President Trump’s invocation of the Alien Enemies Act. U.S. District Judge Stephanie Gallagher, a Trump appointee, found in April that Cristian’s deportation breached a settlement protecting individuals who entered the U.S. as unaccompanied minors and later sought asylum.

The Trump administration appealed Gallagher’s order, arguing that returning Cristian to the U.S. would harm foreign relations and serve no benefit to him. However, Circuit Judges DeAndrea Gist Benjamin and Roger Gregory disagreed, stating that Cristian’s right to have his asylum application reviewed was violated when he was summarily removed from the country.

The government also cited an “Indicative Asylum Decision” from USCIS that denied Cristian asylum based on his alleged affiliation with the Tren de Aragua gang and a prior drug possession conviction. Despite these factors, the appellate panel majority determined that the asylum decision was not based on authentic changes in Cristian’s circumstances, as he was not given an opportunity to challenge the findings.

In a concurring opinion, Judge Gregory criticized the administration’s use of the Alien Enemies Act to justify its actions, stating that it cannot be used to void contractual obligations. However, dissenting Judge Julius Richardson argued that the district court overstepped its authority in ordering Cristian’s return and that his asylum application would likely be denied upon his return.

The Trump administration may seek a review of the case by the full 4th Circuit Court of Appeals or petition the U.S. Supreme Court for further review. This legal battle highlights the complexities of immigration law and the balance between national security concerns and individual rights.