Federal Judge Orders Return of Wrongfully Deported Venezuelan Asylum Seeker, Citing Violation of Court Settlement

A federal judge has mandated the return of a Venezuelan man, known by the pseudonym “Christian,” who was deported to El Salvador last month. This decision was made by Maryland District Court Judge Stephanie A. Gallagher, who determined that the deportation violated a previous court settlement. The settlement in question prevents the removal of individuals pending the adjudication of their asylum applications. The details of the filings remain under seal, leaving the specifics of the dispute and the government’s arguments unclear.

The deportation of the 20-year-old migrant, whose real name is Kilmar Abrego Garcia, occurred on March 15. He was sent to a prison in El Salvador, despite being part of a class action settlement that should have protected him from removal. The case saw significant legal activity, with the government initially requesting a pause and Abrego Garcia’s lawyers opposing it. However, Judge Gallagher’s ruling emphasized that the deportation was not in compliance with the settlement terms.

In a related development, U.S. District Judge Paula Xinis ordered a temporary pause in the case for one week, following an agreement between the involved parties. This pause indicates that the Trump administration is taking steps to address the situation, which appears to have temporarily satisfied Abrego Garcia’s legal representatives. The pause allows for further negotiations and potential resolution of the case.

The deportation was linked to the Trump administration’s “Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua” proclamation, also known as the AEA Proclamation. This proclamation has been a point of contention, as it has influenced immigration enforcement actions. The case highlights ongoing legal and constitutional challenges related to immigration policies and the treatment of asylum seekers.