A federal judge in Maryland has made a significant ruling regarding the deportation of a Venezuelan man, known only as “Cristian,” emphasizing the importance of adhering to legal settlements. On Tuesday, U.S. District Judge Stephanie Gallagher refused to lift her order requiring the Trump administration to take necessary steps to ensure Cristian's return to the United States after he was deported to El Salvador nearly two months ago, a move deemed illegal under a prior legal agreement.
During the court proceedings, Judge Gallagher dismissed claims from government attorneys that retrieving Cristian was unnecessary, especially after a Department of Homeland Security (DHS) agency concluded last week that he would not qualify for asylum. The administration argued that it no longer had the jurisdiction to bring Cristian back because he is currently in the custody of a foreign nation. This stance mirrors the situation of Kilmar Abrego García, a Salvadoran national who was also deported in violation of a court order.
Cristian's asylum claim was active when he was deported in March under the Alien Enemies Act, alongside 137 other Venezuelans accused by the Trump administration of affiliations with the Tren de Aragua gang. This deportation raised significant legal questions, particularly as Cristian was sent to a notorious prison in El Salvador. Abrego García faced a similar fate but was deported under different circumstances since he is not Venezuelan.
In a pivotal ruling last month, Judge Gallagher determined that Cristian should have been protected from deportation as part of a class covered by a legal settlement she has overseen since last year. This agreement allows certain migrants who entered the United States as unaccompanied minors to remain while pursuing their asylum claims. The judge instructed the government to take immediate actions to facilitate Cristian’s return, including making a good faith request to the government of El Salvador for his release into U.S. custody.
As of now, the Justice Department has not disclosed whether any efforts have been made to comply with Judge Gallagher's order. In the lead-up to a Tuesday hearing in Baltimore, government lawyers argued for the withdrawal of Gallagher's ruling, asserting that Cristian's current status in a foreign prison limits the U.S. government's authority to direct his return.
In a parallel case, U.S. District Judge Paula Xinis, based in Greenbelt, Maryland, has also clashed with the administration over what she considers a lack of compliance with her orders regarding Abrego García. An appeals court recently sided with Judge Xinis, criticizing the administration's stance that it can detain residents of the U.S. in foreign prisons without due process.
In his court filing, Justice Department lawyer Richard Ingebretsen referenced an “indicative ruling” from U.S. Citizenship and Immigration Services, issued after Gallagher's initial order. This ruling effectively denied Cristian's asylum claims, citing alleged ties to the Tren de Aragua and a prior jail sentence for cocaine possession. Ingebretsen argued that bringing Cristian back at this stage would be a “meaningless gesture.”
Despite the government's arguments, Judge Gallagher reaffirmed her position, highlighting that Cristian's premature deportation deprived him of the opportunity to present his case for asylum before USCIS made its decision. She agreed to stay her order for Cristian’s return for 48 hours, allowing the government time to consider an appeal. Should the government choose not to appeal or if their appeal is unsuccessful, Gallagher indicated she would impose deadlines for compliance with her ruling.
As of now, an attorney representing Cristian has not responded to requests for comment regarding the ongoing legal developments.
