By Michael Kunzelman, Associated Press
Baltimore (AP) – Kilmar Abrego Garcia has become a familiar name because the Trump administration is engaged in an intense legal campaign to keep it locked in a prison in El Salvador despite its erroneous expulsion. But his case is not the only one of his kind who goes through the American judicial system.
Almost two months have passed since a 20 -year -old Venezuelan native, known only as Cristian in court documents, was expelled to El Salvador despite a pending asylum application. Now his lawyers want to know if there are others like him.
American district judge Stephanie Gallagher ceased to order the Trump administration to produce a list of others who are in the same legal situation as Cristian. But the judge clearly indicated Tuesday during a hearing that she should not guess his previous order for the Trump administration to facilitate Cristian’s return to the United States
Gallagher, who was appointed by President Donald Trump, said it was a “fair inference” that the administration did nothing to comply with its decision of April 23. It gave the government until Thursday to appeal its decision before considering specific measures to comply with the order.
Gallagher said that the case did not concern if Cristian is entitled to asylum if he is able to return to the United States
“The problem is and has always been a process,” said the judge. “People are entitled to this.”
How is Cristian’s case compared to that of Kilmar Abrego Garcia?
Abrego Garcia and Cristian were both expelled on March 15. Dozens of other people were transported by plane in the United States to Salvador after Trump published a proclamation calling for the arrest and moving of the members of the Venezuelan gang by virtue of the Act respecting extraterrestrial enemies, a law of 1798 in wartime.
Cristian had been transferred to the federal guard of a prison in the county of Harris, Texas, in January. Abrego Garcia was arrested in Maryland, where he lived with his wife – an American citizen – and their children.
Unlike Cristian, Abrego Garcia is from Salvador. The ordinance of an American immigration judge in 2019 protected him from sending him because he was probably facing the persecution by local Salvadoral gangs which terrorized him and his family.
Gallagher ruled that the government had violated a 2019 settlement agreement when he expelled Cristian. She said that she was guided by the decision of the American district judge Paula Xinis that Trump’s republican administration was to facilitate the return of Abrego Garcia.
“Staying next to it and taking no measure is not a facilitation,” wrote Gallagher. “In previous cases involving individuals wrongly, the courts have ordered and the government has taken affirmative measures towards return facilitation.”
Gallagher said his order forces the government to make “a request in good faith” for the government of El Salvador to disclose Cristian to the guard.
What is the last in the case of Abrego Garcia?
Xinis, who was appointed by President Barack Obama, ordered the administration to facilitate the return of Abrego Garcia. The judge has established deadlines in May this month so that administration officials can testify under the oath on what they have done to comply.
ABREGO GARCIA’s lawyers said the administration was preparing to bring him back when he had asked a break in the case last month.
“We agreed with this request because we understood that it was in good faith,” lawyers said in a press release. “Unfortunately, a week later, we do not know what, if something, the government has done in the last seven days to bring our customers back to its family.”
What is the next step in the case of Cristian?
The Ministry of Justice is likely to appeal to Gallagher’s decisions in favor of Cristian. Any call would be heard by the 4th Circuit Court of Appeals. Meanwhile, Gallagher refused Tuesday to suspend his decision on April 23.
The judge planned Tuesday’s hearing to find out what the government has done, if necessary, to comply with his order to facilitate the return of Cristian. The prosecutor of the Ministry of Justice, Richard Ingebretsen, simply told him that the State Department had been informed of its decision.
“This is the extent of the information,” added Igebretssen.
One of Cristian’s lawyers, Kevin Dejong, rejected this response as a “non-response” and expressed fears that the administration is trying to avoid complying with the judge’s ordinance.
Ingretssen said that immigration officials determined that Cristian was not entitled to asylum. But human lawyers said he had the right to obtain a decision on the substance of his asylum application by the American citizenship and immigration services.
Meanwhile, Cristian’s lawyers want to know if the United States has expelled other people covered by the same regulation that took advantage of it.
“There may well be other members of the deleted class and we do not know it,” said Dejong. “It is not acceptable.”
Originally published:
California Daily Newspapers
