Judge Boasberg ORDERS Trump Administration to ALLOW Deported Venezuelans from El Salvador to RETURN to the U.S.
In a sweeping 43-page opinion released late Monday night, Boasberg declared that the United States allegedly maintained “constructive custody” over the Venezuelans even after they were transferred to El Salvador, thereby giving his court jurisdiction to intervene and order their return.
“In many constructive-custody cases, it is hard for a court to discern whether petitioners would be released upon a respondent’s request. Not so here. Petitioners have indeed been released upon the United States’s request. Since this Court’s June 4 Opinion, multiple developments have shown that the United States is able to request, and has successfully requested, the release of CECOT detainees.
First, after the Government was ordered to facilitate the return of Abrego Garcia from CECOT, he was brought back to the United States on June 6. This return followed public statements made by the President of the United States agreeing that he could “call up the president of El Salvador” to secure the return of detainees like Abrego Garcia.
Second, Plaintiffs in this case were indeed released upon the United States’s request, in what appears to be a clear prisoner exchange between our country and Venezuela.
In July, all 252 Venezuelans removed from the United States and detained in CECOT were sent to Venezuela. At the same time, ten U.S. nationals were released from Venezuela and sent back to the United States.
[…]
The Court thus concludes that the Government retained, and exercised, the power to control the return of CECOT detainees.”
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.215.0_1.pdf