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Roger Parloff Profile picture
@rparloff
Jun 3 • 7 tweets • 2 min read • Read on X
Attys for Jordin Melgar Salmeron, who was removed to El Salvador 5/7 in violation of an order of the US Court of Appeals for the 2d Circuit, asked that court last night to order govt to “actively facilitate” his return & to appoint a special master ...
/1
documentcloud.org/documents/2595…Image
... Melgar Salmeron contends he’ll face torture, corporal punishment, or death in El Salvador. The Bureau of Immigration Appeals denied his claim & he appealed to USCA2 in Nov 2023. At *govt’s* request, his case was then paused for 482 days while ...
/2
... USCA2 considered a legal question in other cases pertinent to Melgar Salmeron situation. Those cases were then also paused while SCOTUS considered that issue. (It still is, in Riley v. Garland, argued 3/24/25.) Then, suddenly ....
/3
... on 4/17 the govt told USCA2 it would deport Melgar Salmeron on 5/8 if it didn’t order a stay of removal. USCA2 ordered the stay at 9:52am ET on 5/7, but Melgar Salmeron was removed 28 min later, at 10:20am ET on 5/7. ...
/4
Govt has said in court that his removal resulted from a "confluence of administrative errors." His removal first reported by Investigative Post, then by @politico @nytimes et al... /5
investigativepost.org/2025/05/30/ano…
@politico @nytimes Melgar-Salmeron has admitted past involvement with MS-13 but says he's disavowed them (& was once beaten by them in US in retaliation for escaping). Was convicted in 2021 in WDVa for poss. of sawed-off shogun & served 2 yrs. ...
/6
@politico @nytimes Per @kyledcheney , DHS spox now asserts (inexplicably) that there was "no 'error'" in removing him in violation of USCA2 order. Also claims El Salvador wants him on "homicide & criminal conspiracy" charges.
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More from @rparloff

Roger Parloff Profile picture
Jun 4
Another judge just ordered govt to reveal its deal with Bukele to attys for another alien sent to CECOT. A magistrate judge in Columbus, GA did so in the case of Venezuelan EDQC, removed on 3/15 with no opportunity to raise a fear-of-torture claim.
1/5
 storage.courtlistener.com/recap/gov.usco…
... EDQC was previously identified as Edicson David Quintero Chacon, 28. He filed a habeas corpus petition on 2/10/25 while in custody at Stewart Detention Center in Lumpkin, GA. He was removable to Venezuela, but Venezuela wouldn’t take him. ...
/2
... SCOTUS precedent says that after 6 mos of post-removal order detention, release is required. EDQC alleges that on 3/10 he passed the 6 mos mark. But on 3/15, instead of being released, he was flown to CECOT. ...
/3
Read 5 tweets
Roger Parloff Profile picture
Jun 3
Some notes on Judge John Holcomb’s Alien Enemies Act ruling yesterday, which granted a district-wide (CDCal) injunction against AEA removals until the govt commits to meaningful due process, but also UPHELD Trump’s use of the AEA. ...
1/12
storage.courtlistener.com/recap/gov.usco…Image
... As Holcomb notes, his is the most deferential-to-the-president ruling yet. He concludes that “the AEA’s grant of authority to the President is close to ‘unlimited.’” He is 2d to uphold Trump’s invocation of the AEA, but the only one to take this hands-off approach. ....
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... Holcomb contends that the AEA “leaves it to the president to decide,” for instance, whether an “invasion” or “predatory incursion” has occurred, so he doesn’t need to analyze the historical meaning of either term. ...
/3 Image
Read 12 tweets
Roger Parloff Profile picture
May 26
On Friday, a 2d judge—a George W. Bush appointee—struck down in its entirety a 2d of the Trump executive orders aimed at deterring law firms from representing causes that Trump disagrees with. It's well-written. Thread. ...

1/16storage.courtlistener.com/recap/gov.usco…
Judge John D. Bates’s north star is the 1943 SCOTUS ruling that struck down—in the midst of WWII—a state law conditioning public school attendance on pledging allegiance to the flag: “[N]o official ... can prescribe what shall be orthodox” ...
/2 Image
... “In our constitutional order,” Bates writes, “few stars are as fixed as the principle that no official “can prescribe what shall be orthodox in politics. ... And in our constitutional order, few actors are as central to fixing that star as lawyers.”
/3 Image
Read 16 tweets
Roger Parloff Profile picture
May 21
This morning, at 11am, Judge Brian Murphy will resume a hearing on whether the Trump Adm violated his preliminary injunction by sending aliens to South Sudan (not their homes) without notice & opp to challenge. Here’s the backdrop: ...
1/12
The hearing comes in a class action filed for aliens who have final orders of removal to home countries where, for various reasons, they can’t be removed. E.g., some have been granted legal protection from return due to fears of facing persecution, torture, or death. ...
/2
... Others are citizens of countries with which we have bad relations, or that won’t take them back, like Venezuela or Cuba. Until Trump II, DHS had a policy of not removing aliens to 3d countries (not their home country) without notice. ...
/3
storage.courtlistener.com/recap/gov.usco…
Read 12 tweets
Roger Parloff Profile picture
May 19
A few late notes on SCOTUS’s AARP II ruling. Beyond extending for now the bar against removing aliens from NDTexas under the Alien Enemies Act, it does 3 key things. The biggest, below, is declaring ICE’s current ~24-hr notice policy unconstitutional. ...
1/12 Image
Fixing that policy won’t be easy without vastly reducing the value of the AEA to the Trump Adm. The main reason to invoke it, as AG Bondi explained in her once-secret 3/14 memo below, was to remove aliens without *any* process. That effort has failed. ...
/2 Image
Assuming courts will now require at least 14 days notice, including specific notice of a right to *challenge* the AEA designation, aliens will now at least have a chance to put the govt to its proof with regard to whether they are really Tren de Aragua. ...
/3
Read 12 tweets
Roger Parloff Profile picture
May 13
A month after SCOTUS ordered govt to “facilitate” Abrego Garcia’s return, parties filed briefs last night over “state secrets” & “deliberative process” privileges. On 5/7 Secy Rubio filed sealed declaration claiming that any “agreement” with Bukele is a “state secret.” ...
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... Abrego Garcia says Rubio’s declaration is “vague & boilerplate” and belied by public statements galore by Rubio, Bukele & others. (State secret can be invoked when compelling evidence would “expose military secrets” compromising “national security.”) ...
/2 Image
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... Interestingly, Abrego Garcia's attys say that, during mysterious week-long pause in case, govt “apparently” suggested to court that it was working to secure his return, even as senior officials said “precisely the opposite to the American public” ...
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Read 5 tweets

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