Federal judge orders return of deported migrant to US, rejecting Trump request

A federal judge on Tuesday refused to change her order requiring the Trump administration to bring back a -year-old Venezuelan asylum seeker deported to El Salvador citing due process protections At a hearing Tuesday in Baltimore U S District Judge Stephanie Gallagher a Trump appointee rejected the government's request to amend her earlier ruling which ordered the authorities to return Daniel Lozano-Camargo a -year-old Venezuelan to U S soil But she also agreed to pause the ruling for hours enough time for the ruling body to ask the th Circuit to take up the affair If the court declines Gallagher stated she will amend her ruling to set a formal timeline for the governing body to return the -year-old migrant to the U S IDENTITY OF SECOND DEPORTED MAN WHO JUDGE WANTS RETURNED TO US REVEALED AS TRUMP ADMIN FIGHTS ORDERThis decision strikes the right balance between giving the cabinet the ability to appeal to the higher court as they see fit and also allows plaintiffs to seek due process in U S courts Gallagher mentioned Lozano-Camargo previously referred to in court documents as Cristian was deported to El Salvador in March under the Trump administration's early wave of Alien Enemies Act deportations Gallagher ruled in April that the cabinet violated a settlement between DHS and a group of young asylum seekers including Lozano-Camargo Under that deal DHS agreed not to deport the expatriates all of whom entered the U S as unaccompanied children until their cases were fully heard in court Last month Gallagher reported Lozano-Camargo s deportation was a breach of contract since his asylum circumstance had not yet been heard and ordered the U S regime to facilitate his release Gallagher reiterated her previous decision on Tuesday She also emphasized it has nothing to do with the strength of his asylum request in a nod to two apparent low-level drug offenses and a conviction as of late as January Rather she explained it is about allowing him the process under the law and under the settlement struck with DHS That settlement agreement requires him to be here and have his hearing she announced TRUMP-ALIGNED GROUP SUES CHIEF JUSTICE JOHN ROBERTS IN EFFORT TO RESTRICT POWER OF THE COURTSGallagher noted that his removal without adjudication in a U S court pre-judges the outcome with no ability for his attorneys to challenge the development in court The Trump administration recounted the court that it had determined that Lozano-Camargo was eligible for removal under the Alien Enemies Act citing his earlier arrest and conviction for cocaine possession in Houston this year On Monday lawyers for the administration explained 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 At the status hearing Tuesday Gallagher made clear her decision was based solely on due process protections The ruling body is measuring utility using the wrong yardstick in this situation she commented adding that it is not a scenario of whether Lozano-Camargo will eventually receive asylum it s a question of process Process she explained is crucial for various reasons noting that even when outcomes in certain criminal cases or trials seem obvious individuals are still entitled to a trial under U S law CLICK HERE TO GET THE FOX NEWS APP 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 explained The administration's appeal to the th Circuit should it choose to file it is due by Thursday afternoon