TPM: Trump Admin Must Facilitate Return Of Another Wrongfully Deported Man, Appeals Court Rules

[Dennis Donovan]

TPM - Trump Admin Must Facilitate Return Of Another Wrongfully Deported Man, Appeals Court Rules

By David Kurtz
May 19, 2025 4:23 p.m.

For the second time in as many months, a federal appeals court declined to pause a lower court order requiring the Trump administration to “facilitate” the return of a foreign national wrongfully deported to El Salvador.

In a 2-1 ruling, a three-judge panel of the 4th Circuit Court of Appeals declined to stay a key portion of a lower court order out of Maryland that found a 20-year-old Venezuelan man was removed to the CECOT prison on March 15 under the Alien Enemies Act in violation of an existing 2024 court-approved settlement agreement which barred the removal of asylum seekers like him. The man is proceeding in the case under the pseudonym “Cristian.”

Cristian’s case is similar to that of Kilmar Abrego Garcia, another wrongful deportation case out of Maryland in which the Trump administration has been ordered by the Supreme Court to facilitate the detainee’s return but continues to defy the order.

Unlike Cristian, Abrego Garcia was not removed under the Alien Enemies Act, although his removal was on the same day that three planes flew detainees from Texas to El Salvador. Abrego Garcia’s removal was in violation of a court order barring his removal, not a settlement agreement. Abrego Garcia is seeking a writ of habeas corpus whereas Cristian’s case is a breach of contract claim.

In Cristian’s case, U.S. District Judge Stephanie A. Gallagher issued her order for the government to facilitate his return on April 23. The Trump administration appealed her ruling to the 4th Circuit and asked for it to block Gallagher’s order while the appeal proceeded. The 4th Circuit issued an administrative stay on May 8, pausing the case while it considered the administration’s request.

/snip