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 leadership 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 regime to ask the th Circuit to take up the scenario 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 explained 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 establishment violated a settlement between DHS and a group of young asylum seekers including Lozano-Camargo Under that deal DHS agreed not to deport the displaced persons all of whom entered the U S as unaccompanied children until their cases were fully heard in court Last month Gallagher revealed Lozano-Camargo s deportation was a breach of contract since his asylum occurrence 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 in recent times as January Rather she stated 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 disclosed 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 incident in court The Trump administration reported 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 advised 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 administration is measuring utility using the wrong yardstick in this circumstance she reported adding that it is not a matter of whether Lozano-Camargo will eventually receive asylum it s a question of process Process she explained is essential 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 disclosed The administration's appeal to the th Circuit should it choose to file it is due by Thursday afternoon