Government Error Exposed: Deportation Against Court Order Sparks Controversy
ICARO Media Group
### Government Admits Mistake in Deportation Case Despite Standing Court Order
In a recent court filing, the U.S. government acknowledged the deportation of Jordin Melgar-Salmeron, a 31-year-old Salvadoran man, minutes after a federal appeals court had issued an order barring his removal. The Trump administration, while explaining the incident, attributed it to a series of administrative errors and denied violating the court's directive.
According to the government, the deportation process of Melgar-Salmeron had already been underway before the formal order from the U.S. Court of Appeals for the Second Circuit in New York was issued at 9:52 a.m. on May 7. The plane carrying Melgar-Salmeron departed from Alexandria, Louisiana, at 10:20 a.m. Eastern time, beyond the timeline the court had specified. The government's prior assurances to the court stated that his deportation wouldn’t be scheduled until the following day.
The deportation has exacerbated longstanding criticisms regarding the Trump administration's approach to immigration, particularly its rigorous efforts to deport up to one million immigrants within the first year of the presidency. Allegations of similar deportations in violation of court orders have surfaced in at least three other cases involving federal judges.
Melgar-Salmeron's attorney, Matthew Borowski, contends that the incident was not merely an administrative mistake but part of a broader pattern of the administration ignoring judicial orders. He compared the government's assertion to a chef confusing salt and pepper, emphasizing that verifying paperwork and ensuring the correct individuals board flights are core responsibilities of immigration officials.
Internal miscommunications were highlighted in the government’s filing, detailing how an Immigration and Customs Enforcement (ICE) office in Buffalo mishandled information. Specifically, administration lawyers emailed the Buffalo ICE office at 10:08 a.m., but the court's order was not flagged in the internal system until 10:45 a.m., after the flight had already taken off.
Melgar-Salmeron, previously affiliated with the MS-13 gang and with a federal prison record for possession of an unregistered sawed-off shotgun, was appealing his removal due to fears of persecution and imprisonment in El Salvador. His attorney stated that Melgar-Salmeron, who now has a wife and four children in Virginia, has renounced the gang and is currently believed to be held in a maximum-security prison in El Salvador.
The appellate judges have yet to disclose how they will address the situation. Borowski plans to petition the court to assign a special master to examine whether officials should be held in criminal contempt for the deportation.
This case is not isolated. Judges in similar incidents have instructed Trump officials to facilitate the return of unlawfully deported individuals. This includes the case of Kilmar Armando Abrego Garcia, also deported to El Salvador despite court orders, and another involving a Venezuelan man, Cristian, who was wrongfully expelled in violation of an existing settlement agreement.
These events have prompted several federal judges, such as Judge Paula Xinis and Judge Stephanie A. Gallagher, to pressure the Trump administration for compliance and transparency. On multiple occasions, immigration officials have been reprimanded for not adhering to judicial orders or for failing to provide timely updates on their actions to secure the return of deported individuals.