Baltimore Judge Orders Return of Venezuelan Asylum Seeker Deported to El Salvador, Denies Trump Administration's Appeal

U.S. District Judge Stephanie Gallagher reaffirmed her order for the Trump administration to return Daniel Lozano-Camargo, a 20-year-old Venezuelan asylum seeker deported to El Salvador in March. The deportation violated a 2024 settlement requiring due process for unaccompanied minors. Gallagher denied the administration's request to reverse her decision but allowed a 48-hour pause for an appeal to the 4th Circuit. Lozano-Camargo was deported under the Alien Enemies Act, despite his case not being adjudicated, and allegations of gang ties remain unproven in court.

Judge Upholds Order to Return Deported Asylum Seeker

On May 6, 2025, U.S. District Judge Stephanie Gallagher stood by her earlier ruling that the deportation of Daniel Lozano-Camargo, a Venezuelan national previously identified in court documents as “Cristian,” was unlawful. Lozano-Camargo was removed from the United States in March under the Trump administration’s invocation of the Alien Enemies Act (AEA), which the administration used to justify expedited deportations of certain migrants.

Gallagher ruled in April that the deportation violated a 2024 settlement agreement between the Department of Homeland Security (DHS) and a group of young asylum seekers. The agreement stipulated that individuals who entered the U.S. as unaccompanied minors could not be deported until their asylum claims were fully adjudicated in court. Lozano-Camargo’s case had not yet been heard when he was deported.

“The settlement agreement requires him to be here and have his hearing,” Gallagher said during the Tuesday hearing. She emphasized that her decision was based on due process rights, not the merits of Lozano-Camargo’s asylum claim.

Government’s Arguments Rejected

The Trump administration argued that Lozano-Camargo’s deportation was justified under the Alien Enemies Act, citing a recent drug conviction and alleged gang affiliations. Government attorneys claimed that his classification as an “alien enemy” removed him from the protected class covered by the 2024 settlement.

However, Judge Gallagher rejected this reasoning, stating that the administration was “measuring utility using the wrong yardstick.” She clarified that the issue at hand was not whether Lozano-Camargo would ultimately be granted asylum, but whether he was entitled to a fair legal process under U.S. law.

“It may be that the result here for Cristian is no asylum,” Gallagher said. “But the settlement agreement says that we don’t just get to skip to the end.”

48-Hour Pause for Appeal

While denying the administration’s request to vacate her order, Gallagher agreed to pause enforcement of the ruling for 48 hours to allow the Justice Department to seek an emergency appeal from the 4th Circuit Court of Appeals. If the appellate court declines to take up the case, Gallagher indicated she would amend her ruling to include a formal timeline for Lozano-Camargo’s return to the United States.

“This decision strikes the right balance between giving the government the ability to appeal to the higher court as they see fit and also allows plaintiffs to seek due process in U.S. courts,” Gallagher said.

Background on the Deportation

Lozano-Camargo was deported in March 2025 to El Salvador’s Cecot terrorism confinement facility, a high-security prison known for housing alleged gang members. His deportation occurred during a wave of removals under the Trump administration’s use of the Alien Enemies Act, which has been criticized by immigrant rights advocates for bypassing standard legal procedures.

Court documents and media reports revealed that Lozano-Camargo had been living in Houston, Texas, with a valid work permit and was employed washing cars. His family has denied allegations of gang affiliation, stating that his tattoos—one of which bears his late father’s name—were misinterpreted by authorities.

The administration claimed that Lozano-Camargo was affiliated with Tren de Aragua, a Venezuelan gang designated as a terrorist organization by the U.S. government. However, Judge Gallagher noted that such claims had not been adjudicated in court and that deporting him without a hearing “pre-judges the outcome” of his asylum application.

Legal and Procedural Implications

Gallagher’s ruling underscores the importance of procedural safeguards in immigration enforcement, particularly for individuals covered by legal settlements. The judge emphasized that even individuals with criminal records or alleged gang ties are entitled to due process under U.S. law.

“Process is important,” Gallagher said. “We go through the process; people are entitled to that.”

The administration’s appeal to the 4th Circuit is due by Thursday afternoon. If the court declines to intervene, the government will be required to begin facilitating Lozano-Camargo’s return to the United States.

References

• Federal judge orders return of deported migrant to US, rejecting Trump request
• Federal judge won’t undo order requiring Trump administration to facilitate return of asylum seeker deported to El Salvador
• Federal judge orders return of deported migrant to US, rejecting Trump request
• Identity of second man illegally deported to El Salvador prison revealed
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