"USCIS based this decision on Cristian being [redacted] TdA which has been designated as a Foreign Terrorist Organization and described as "a brutal organization 'that uses murder and torture to achieve its aims," the government said. ????? ???????

The government said USCIS issued an "Indicative Asylum Decision" last week "making clear" that if the 20-year old Venezuelan returned to the U.S., the agency would deny his asylum application. ????????????  

But in a court filing on Monday, attorneys for the Department of Justice called Cristian a member of the Venezuelan criminal gang Tren de Aragua and argued that, if returned, U.S. Citizenship and Immigration Services would deny his asylum application because of his alleged gang membership. ?????  

The group sued the government to be able to have their asylum applications adjudicated while they remained in the United States. The parties settled in 2024. ????? ???????

In her opinion, Judge Gallagher referenced the case of wrongly deported Kilmar Abrego Garcia, and said that "like Judge [Paula] Xinis in the Abrego Garcia matter, this court will order Defendants to facilitate Cristian's return to the United States so that he can receive the process he was entitled to under the parties' binding Settlement Agreemen