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 ruling body 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 leadership to ask the th Circuit to take up the incident If the court declines Gallagher reported she will amend her ruling to set a formal timeline for the regime 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 administration 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 declared 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 authorities violated a settlement between DHS and a group of young asylum seekers including Lozano-Camargo Under that deal DHS agreed not to deport the foreigners all of whom entered the U S as unaccompanied children until their cases were fully heard in court Last month Gallagher mentioned Lozano-Camargo s deportation was a breach of contract since his asylum scenario had not yet been heard and ordered the U S ruling body 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 weeks as January Rather she reported 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 stated 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 communicated 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 notified 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 regime is measuring utility using the wrong yardstick in this matter she noted adding that it is not a occurrence of whether Lozano-Camargo will eventually receive asylum it s a question of process Process she stated 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 reported The administration's appeal to the th Circuit should it choose to file it is due by Thursday afternoon