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Appeals Court to Review Trump's Appeal on Deported Venezuelan Migrant

The U.S. Fourth Circuit Court of Appeals has agreed to review the Trump administration’s appeal to keep a deported Venezuelan asylum seeker in El Salvador, delaying his return to the U.S.

The Fourth Circuit Court of Appeals has decided to take up an appeal from the Trump administration concerning the case of Daniel Lozano-Camargo, a 20-year-old Venezuelan national who was deported to El Salvador earlier this year. This decision temporarily halts a lower court’s ruling that mandated his immediate return to the United States. The court has set a deadline for plaintiffs to respond by noon on Monday, with the Trump administration required to reply by 9 a.m. on Tuesday.

Lozano-Camargo, previously identified as ‘Cristian’ in court documents, was part of a group of young asylum seekers who had entered the U.S. as unaccompanied minors. The Department of Homeland Security (DHS) had agreed in 2024 not to deport these migrants until their asylum cases were fully adjudicated. However, Lozano-Camargo was deported in March under the Alien Enemies Act, prompting U.S. District Judge Stephanie Gallagher to rule in April that this action violated the agreement with DHS. Judge Gallagher described his deportation as a ‘breach of contract’ and ordered his return to the U.S. to await the adjudication of his asylum application.

Despite the Justice Department’s claims that Lozano-Camargo was eligible for removal due to a prior cocaine possession conviction in Houston and alleged gang affiliations, Judge Gallagher emphasized that her decision was based on due process and not the merits of his asylum case. She insisted that the Trump administration make a ‘good faith request’ to El Salvador for his release and return to U.S. custody, which has not yet been done.

The appeals court’s decision to review the case keeps Lozano-Camargo in Salvadoran custody for the time being, with the outcome of the appeal potentially setting a precedent for similar cases involving the Alien Enemies Act and the rights of asylum seekers.

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Rubio, SecState
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