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Court Orders Reinstatement of Deported Venezuelan Asylum Seeker Amid Ongoing Legal Battles

A federal judge requires the Trump administration to reinstate a deported Venezuelan man, while previous rulings reinforce immigrant protections.

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A federal appeals court upheld a ruling preventing the Trump administration from revoking Temporary Protected Status for certain nationalities. Concurrently, new rulings mandate the administration to admit 12,000 refugees, including a federal judge's order to return 20-year-old Venezuelan asylum seeker Daniel Lozano-Camargo, deported earlier this year. U.S. District Judge Stephanie Gallagher criticized the government for violating due process by deporting Lozano-Camargo and asserted that his asylum case must be heard in the U.S. This ruling underscores ongoing tensions around immigration policy and highlighted judicial protection of immigrant rights amidst political debates.

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The federal judge's order was based on the government’s breach of a 2019 settlement agreement, which required that asylum applications for unaccompanied minors be adjudicated while they remained in the United States. The deportation violated this agreement, and thus the judge ordered the government to facilitate the return of the asylum seeker so he could receive the process he was entitled to.

The Venezuelan asylum seeker is identified in court documents as 'Cristian,' a 20-year-old who arrived in the U.S. in Dec. 2022 as an unaccompanied minor. He was seeking asylum when he was wrongfully deported to El Salvador after being designated as a member of a Venezuelan gang under the Alien Enemies Act.

This ruling is consistent with prior federal court orders, such as the case of Kilmar Abrego Garcia, who was also wrongfully deported to El Salvador. Both cases cite the government’s failure to follow legal settlements and procedural protections for asylum seekers, reinforcing the judiciary’s role in protecting immigrant rights.

Under the 2019 settlement agreement, the government is required to allow the asylum applications of certain unaccompanied minors to be adjudicated while they remain in the United States, and cannot remove them before a decision is made on their applications.

This case highlights ongoing tensions between the executive branch and the judiciary over immigration enforcement, and underscores the importance of judicial review in protecting immigrant rights. It also reinforces the principle that the government must adhere to settlement agreements and procedural safeguards for asylum seekers.

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