- ICE deported Jordin Melgar-Salmeron on May 7, 2025 — just hours after the court issued a formal stay of removal.
- The Trump administration previously requested the case be held in abeyance for over a year before suddenly resuming deportation.
- Attorneys say the government misrepresented facts and violated its own forbearance policy.
- Petitioners are requesting a court-appointed special master to investigate the unlawful removal and potential contempt violations.
- The case raises broader concerns about systemic ICE failures and constitutional compliance.
Lead:
Attorneys representing Jordin Melgar-Salmeron — a Salvadoran immigrant unlawfully deported under the Trump administration — have formally asked the U.S. Court of Appeals for the Second Circuit to appoint a special master. The request follows what they call a “grave affront to the rule of law” after the government deported Melgar-Salmeron in defiance of a judicial stay order issued just hours before the flight.
Background:
The case, Melgar-Salmeron v. Bondi, stems from a 2023 petition for review filed by Melgar-Salmeron, who feared torture if deported to El Salvador. Although the government sought to pause the case for over 15 months under a standard forbearance policy, it unexpectedly informed the court on April 17, 2025, that removal would proceed by May 9. Despite this, a judicial stay was granted on May 7 — which ICE ignored, removing Melgar-Salmeron later that same morning, according to court filings.
Details of the Violation:
On May 8, the government notified the court of the deportation but failed to explain how it had violated the stay. In subsequent filings, attorneys uncovered that ICE’s own internal systems reflected the stay and forbearance policy — yet agents in Louisiana moved forward with the removal. Email notifications alerting ICE’s Buffalo office to the removal went unread, and contradictory declarations from ICE officials muddied the timeline, according to filings by attorneys Matthew Borowski and Daniel E. Jackson.
Reaction:
Next Steps:
The legal team has requested the court to not only order Melgar-Salmeron’s return to the U.S. but also to appoint a special master under 28 U.S.C. § 636(b)(2) — or through the court’s inherent authority — to determine who was responsible for the unlawful deportation and how it occurred. According to the petitioners, similar remedies have been ordered in Noem v. Abrego Garcia, where the U.S. Supreme Court mandated government-facilitated repatriation.
Outlook:
This case poses critical questions about ICE’s operational structure, communication protocols, and the government’s ability to honor judicial orders. The Second Circuit’s decision on the appointment of a special master may establish important precedent for court oversight in immigration enforcement. Advocates warn that without accountability, violations like Melgar-Salmeron’s could become normalized — a concern underscored by the filing’s references to the “banal horror” of wrongful removals, as cited in supporting legal briefs.
Also Read:
(with inputs from official legal documents and public court filings)
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