New York, N.Y. – Attorneys for Jordin Melgar-Salmeron, a man who was deported by the Trump administration in violation of a court order, are requesting the appointment of a special master to investigate the unlawful removal. The government has admitted to the deportation, blaming a series of “administrative errors.”
Background and Legal Disputes
The legal battle surrounding Melgar-Salmeron’s deportation dates back to 2023 when he filed a petition to delay his removal from the United States, citing his involvement in a case that had not yet been resolved. The court granted a request in January 2024 to delay the proceedings indefinitely, which meant that there would be no immediate deportation.
However, in April 2025, the government announced its intention to deport Melgar-Salmeron on May 8, unless the court granted an extension. On May 2, his legal team filed a letter asking for the stay to be reinstated, and the Second Circuit Court issued the requested stay on May 7, hours before Melgar-Salmeron’s planned removal. This stay was communicated to U.S. Immigration and Customs Enforcement (ICE) at 9:52 a.m.
Despite the court’s order, Melgar-Salmeron was deported to El Salvador on the morning of May 7. His attorneys argue that this action was in direct defiance of the court’s order, with ICE officials admitting that the deportation took place approximately 28 minutes after the stay was issued.
Government’s Explanation and Legal Backlash
The government initially claimed that the deportation was due to a series of administrative errors. These included breakdowns in communication between ICE offices, contradictory statements by ICE officials, and missed updates to deportation flight manifests. For example, Melgar-Salmeron’s case was reportedly mishandled, with an ICE official saying he was scheduled for a May 7 deportation, while another official suggested a May 9 date. The conflicting statements led Melgar-Salmeron’s attorneys to accuse the government of deliberately misleading the court and mishandling critical details of the case.
His legal team is asking the Second Circuit Court to hold the government accountable, requesting that the court order his immediate return to the United States. The motion emphasizes that whether the violation was caused by negligence or intentional misconduct, it is crucial that the government rectify its wrongful deportation and return Melgar-Salmeron to U.S. soil.
Motion for Special Master
Given the contradictory information and the government’s apparent failure to honor the court’s orders, Melgar-Salmeron’s attorneys argue that an independent investigation is necessary. They have requested the appointment of a special master, who would be tasked with investigating the circumstances surrounding the deportation and ensuring that such violations are not repeated.
The attorneys stated that further investigation is critical in understanding whether the government is willing or able to uphold its commitments to the court. They also believe that a special master could provide an objective review of the actions taken by ICE and clarify the chain of events that led to the wrongful deportation.
Request for Immediate Action
The legal team has also asked the court to issue an order for Melgar-Salmeron’s return, citing the serious legal implications of the government’s actions. The motion underscores the importance of accountability and ensuring that the government corrects the violation promptly.
“The Petitioner respectfully requests that this Court simply order the Government to fix its violation and return Mr. Melgar-Salmeron to the United States,” the motion reads.
Conclusion and Ongoing Legal Proceedings
The case is ongoing, and further developments are expected as the legal team pushes for the court to take action and appoint a special master. As of now, the government’s explanation for the violation has been criticized as insufficient, and Melgar-Salmeron’s attorneys remain determined to have the wrongful deportation reversed.
