Federal Judge Orders Return of Deported Asylum Seeker
Washington, D.C. – In a significant ruling, U.S. District Judge Stephanie Gallagher, appointed by President Donald Trump, has ordered the federal government to facilitate the return of Cristian, a 20-year-old Venezuelan man deported to El Salvador last month despite a pending asylum application.
Judge Gallagher’s decision, made in Maryland, underscores a violation of a 2019 settlement agreement aimed at protecting the rights of asylum seekers. This ruling aligns with previous orders from U.S. District Judge Paula Xinis, who also directed the government to assist the return of another individual, Kilmar Abrego Garcia, erroneously deported to El Salvador on the same day as Cristian.
The court outlined that the government must submit a "good faith request" to El Salvador for Cristian’s release to U.S. custody. Gallagher emphasized that merely remaining inactive does not constitute facilitation, highlighting the need for affirmative measures in similar cases.
Cristian’s case is part of a broader class-action lawsuit initiated by a group of unaccompanied minors in 2019, claiming that the Trump administration unlawfully altered asylum application policies. Gallagher previously endorsed a settlement mandating the return of individuals like Cristian so they could await decisions on their asylum claims in the U.S.
While government attorneys contended that Gallagher lacks jurisdiction over Cristian’s case, they also argued that his deportation did not breach the settlement terms. They criticized the plaintiffs for attempting to reinterpret the agreement. In contrast, the judge noted that no evidence had been presented demonstrating Cristian poses a threat to public safety.
The ruling highlights ongoing tensions surrounding U.S. immigration policies and the handling of asylum applications, particularly for vulnerable populations like unaccompanied minors.
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