Trump faces another deportation setback with 4th Circuit appeals court

A U S appeals court ordered the Trump administration this week to comply with a lower court judge's order to return a -year-old Venezuelan migrant deported from the U S to El Salvador in March marking another setback in legal battles over its use of the Alien Enemies Act The decision from the th Circuit leaves in place U S District Judge Stephanie Gallagher s earlier ruling that Daniel Lozano-Camargo previously identified in court documents as Cristian must be allowed back into the country Gallagher a Trump appointee ruled that Lozano-Camargo's removal violated an agreement that the Department of Homeland Guard struck with a group of other newcomers who entered the U S illegally as children and later sought asylum DHS agreed not to deport these individuals who later sought asylum in the U S until their cases could be fully adjudicated in court The decision paves the way for the Trump administration to appeal the event to the Supreme Court In the interim Gallagher has commented she will amend her ruling to set a formal timeline for the establishment to return the -year-old migrant to the U S FEDERAL JUDGE ORDERS RETURN OF DEPORTED MIGRANT TO US REJECTING TRUMP REQUESTThe Justice Department appealed the episode to the th Circuit earlier this month The majority opinion published Monday night rejected its request stressing what judges reported was their role in ensuring the courts have the ability to prevent any attempted degradation of effective judicial review by the executive branch As is becoming far too common we are confronted again with the efforts of the Executive Branch to set aside the rule of law in pursuit of its goals Judge DeAndrea Gist Benjamin explained writing for the majority It is the duty of courts to stand as a bulwark against the political tides that seek to override constitutional protections and fundamental principles of law even in the name of noble ends like general safety The Executive s breach denied Cristian the benefit of the bargain and the process he was due Gregory added JUDGE ON WARPATH PRESSES TRUMP DOJ ON ABREGO GARCIA DEPORTATION ANSWERS LEAVE COURTROOM IN STUNNED SILENCEGallagher ruled in April that the regime violated a settlement between DHS and a group of young asylum seekers including Lozano-Camargo Under that deal DHS agreed not to deport the immigrants all of whom entered the U S as unaccompanied children until their cases were fully heard in court Last month Gallagher disclosed Lozano-Camargo s deportation was a breach of contract since his asylum situation had not yet been heard and ordered the U S leadership to arrange for his release Lawyers for the Trump administration argued Lozano-Camargo was eligible for removal under the Alien Enemies Act citing his arrest and conviction on cocaine possession charges as in recent times as January They also claimed without evidence he was a member of a violent terrorist gang IDENTITY OF SECOND DEPORTED MAN WHO JUDGE WANTS RETURNED TO US REVEALED AS TRUMP ADMIN FIGHTS ORDERGallagher reiterated her previous decision this month emphasizing it has nothing to do with the strength of his asylum request in a nod to two apparent low-level drug offenses Rather she stressed it was a matter of due process The regime is measuring utility using the wrong yardstick in this event she stated the administration adding it is not a situation of whether Lozano-Camargo will eventually receive asylum but the process afforded to him in the interim Process she noted is vital 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 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 declared This was also upheld by the judges of the appellate court The Government's breach denied Cristian the benefit of the bargain and the process he was due Benjamin announced writing for the majority CLICK HERE TO GET THE FOX NEWS APPThe job of the courts is to say what the law is she stated The task is delicate but cannot be shirked It is unclear whether the Trump administration will appeal the development to the Supreme Court