Case: Melgar-Salmeron v. Bondi

PETITION FOR REVIEW OF AGENCY ORDER, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 11/20/2023 09:30 AM]

AGENCY DECISION AND ORDER, dated 10/23/2023, RECEIVED. [Entered: 11/20/2023 09:30 AM]

PETITION FOR REVIEW OF AGENCY ORDER, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, received on 11/16/2023, OPENED. [Entered: 11/20/2023 09:36 AM]

PAYMENT OF DOCKETING FEE, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, USCA receipt # A02-2278-ACMS, FILED. [Entered: 11/20/2023 09:37 AM]

PETITION FOR REVIEW OF AGENCY ORDER, SERVED. [Entered: 11/20/2023 09:42 AM]

NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Merrick B. Garland, FILED. [Entered: 11/20/2023 10:38 AM] [Edited: 11/29/2023 03:09 PM]

ATTORNEY, Kitty M. Lees in place of attorney Lisa Marie Arnold, SUBSTITUTED. [Entered: 11/29/2023 03:07 PM]

ATTORNEY, Lisa Marie Arnold for Respondent Merrick B. Garland, TERMINATED. [Entered: 11/29/2023 03:09 PM]

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. Service date 12/06/2023 by ACMS. [Entered: 12/06/2023 02:53 PM]

FORM C-A, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. Service date 12/06/2023 by ACMS. [Entered: 12/06/2023 02:53 PM]

DEFECTIVE DOCUMENT, Acknowledgment Notice of Appearance Form, at docket entry 10, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 12/07/2023 10:15 AM]

CERTIFIED ADMINISTRATIVE RECORD, FILED [Entered: 12/08/2023 12:23 PM]

CERTIFIED ADMINISTRATIVE RECORD, FILED [Entered: 12/08/2023 01:15 PM]

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. Service date 12/12/2023 by ACMS. [Entered: 12/12/2023 09:48 AM]

CURED DEFECTIVE DOCUMENT, Acknowledgment Notice of Appearance Form, at entry 14, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 12/12/2023 08:24 PM]

MOTION, for stay of removal, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. Service date 12/14/2023 by ACMS. [Entered: 12/14/2023 05:40 PM]

IMMIGRATION 90-DAY TOLLING ORDER, FILED. [Entered: 12/15/2023 11:25 AM]

1 Immigration 90-Day Tolling Order

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2 Immigration 90-Day Tolling Order

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OPPOSITION, to Motion FILED, 16, on behalf of Respondent Merrick B. Garland, FILED. Service date 12/22/2023 by ACMS. [Entered: 12/22/2023 08:14 AM]

MOTION, to hold appeal in abeyance, on behalf of Respondent Merrick B. Garland, FILED. Service date 12/22/2023 by ACMS. [Entered: 12/22/2023 08:17 AM]

MOTION ORDER, granting the motion, to hold appeal in abeyance, at docket entry 19, on behalf of Respondent Merrick B. Garland, pending decisions in Castejon-Paz v. Garland (2d Cir. No. 22-6024) and Cerrato-Barahona v. Garland (2d Cir. No. 22-6349), by JFB, FILED. [Entered: 01/02/2024 10:03 AM]

Merrick B. Garland, replaced by James R. McHenry, III, Acting Attorney General, Respondent, per FRAP 43(c)(2), SUBSTITUTED. [Entered: 01/24/2025 05:42 PM]

James R. McHenry, III, replaced by Pamela Bondi, Attorney General, Respondent, per FRAP 43(c)(2), SUBSTITUTED. [Entered: 02/05/2025 08:30 PM]

MOTION, to expedite appeal, on behalf of Respondent Pamela Bondi, FILED. Service date 04/17/2025 by ACMS. [Entered: 04/17/2025 04:31 PM]

NAC PETITION, to RJS, AJN, MAK, SUBMITTED. [Entered: 05/01/2025 10:01 AM]

LETTER, dated 05/01/2025, requesting emergency decision on motion for a stay of removal, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 05/01/2025 by ACMS. [Entered: 05/01/2025 07:37 PM] [Edited: 05/02/2025 12:06 PM]

DEFECTIVE DOCUMENT, Letter, at docket entry 25, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 05/02/2025 01:51 PM]

SUPPLEMENTARY PAPER, Non-Opposition Response to Motion to Expedite, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. Service date 05/02/2025 by ACMS. [Entered: 05/02/2025 02:41 PM] [Edited: 05/02/2025 02:44 PM]

CURED DEFECTIVE DOCUMENT, Supplementary Papers, at entry 27, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 05/02/2025 02:46 PM]

CURED DEFECTIVE DOCUMENT, Supplementary Papers, at entry 27, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 05/02/2025 02:47 PM]

MOTION ORDER, granting motion for stay of removal  on behalf of Petitioner Jordin Alexander Melgar-Salmeron at docket entry 16, denying motion to expedite appeal at docket entry 23 as moot, on behalf of Respondent Pamela Bondi, by RJS, AJN, MAK, FILED. [Entered: 05/07/2025 09:52 AM]

CERTIFIED ORDER, dated 05/07/2025, to OIL, ISSUED. [Entered: 05/07/2025 10:00 AM]

LETTER, dated 05/08/2025, informing that the petitioner was removed from the United States on 05/07/2025, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 05/08/2025 by ACMS. [Entered: 05/08/2025 12:47 PM] [Edited: 05/21/2025 11:01 AM]

ORDER, dated 05/12/2025, It is hereby ORDERED that Respondent shall file a letter with the Court by 05/19/2025 informing the Court of the following: (1) the exact time Petitioner was removed; (2) whether the removing officials were aware of the Court’s stay order prior to Petitioner’s removal; (3) whether, prior to Petitioner’s removal, the removing officials were aware of the Government’s assurance that it would forbear removal until 05/08/2025; and (4) what steps, if  any, counsel who made the assurance to the Court regarding forbearance until 05/08/2025 took to ensure that Petitioner would not be removed prior to 05/08/2025, by RJS, AJN, MAK, FILED. [Entered: 05/12/2025 10:56 AM]

LETTER, dated 05/19/2025, detailing the petitioner's removal, submitted in compliance with this Court's 05/12/2025 order, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 05/19/2025 by ACMS. [Entered: 05/19/2025 02:36 PM] [Edited: 05/19/2025 03:14 PM]

ORDER, dated 05/21/2025, directing the Respondent to submit a letter and supporting declarations with the Court by 05/28/2025, responding to the questions listed in the attached order.  It is additionally ORDERED that Petitioner shall file a letter with the Court no later than five days after receipt of the Government’s letter, as outlined in the attached order.   Within five days after receipt of Petitioner’s letter, the Government shall file a letter responding to Petitioner’s letter.  If the Government disagrees with the proposed next steps, the Government shall provide an alternative proposal with any supportive legal authority.  Petitioner may file a reply letter within three days after receipt of the Government’s letter, by RJS, AJN, MAK,  FILED. [Entered: 05/21/2025 10:54 AM]

NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Jordin Alexander Melgar-Salmeron, FILED. [Entered: 05/22/2025 03:52 PM]

ATTORNEY, Daniel Edward Jackson for Petitioner Jordin Alexander Melgar-Salmeron, ADDED. [Entered: 05/23/2025 12:19 PM]

LETTER, dated 05/28/2025, with supporting declarations, submitted in response to this Court's order dated 05/21/2025, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 05/28/2025 by ACMS. [Entered: 05/28/2025 11:31 PM] [Edited: 05/29/2025 10:17 AM]

LETTER, dated 06/02/2025, submitted pursuant to this Court’s Order dated 05/21/2025, and in response to Respondent’s letter dated 05/28/2025, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 06/02/2025 by ACMS. [Entered: 06/02/2025 11:39 PM] [Edited: 06/03/2025 01:33 PM]

LETTER, dated 06/09/2025,  with attached declarations, submitted in response to petitioner's letter filed on 06/02/2025, as per this Court's order dated 05/21/2025, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 06/09/2025 by E-mail. [Entered: 06/10/2025 11:03 AM] [Edited: 06/10/2025 11:22 AM]

LETTER, dated 06/12/2025, requesting a one day extension to 06/13/2025,  to file a reply to the Government’s letter filed on 6/10/2025, due to unforeseen emergency circumstances, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 06/12/2025 by ACMS. [Entered: 06/12/2025 01:08 PM] [Edited: 06/12/2025 01:22 PM]

DEFECTIVE DOCUMENT, Letter, at docket entry 41, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 06/12/2025 02:32 PM]

LETTER, dated 06/12/2025, requesting one-day extension of time to file reply on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 06/12/2025 by ACMS. [Entered: 06/12/2025 03:42 PM] [Edited: 06/13/2025 10:08 AM]

DEFECTIVE DOCUMENT, Letter, at docket entry 43, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 06/12/2025 04:45 PM]

MOTION, to file late letter, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. Service date 06/13/2025 by ACMS. [Entered: 06/13/2025 04:45 PM] [Edited: 06/16/2025 08:43 AM]

LETTER, dated 06/13/2025, submitted in response to Respondent's 06/10/2025 letter, as per this Court's order dated 05/21/2025, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 06/13/2025 by ACMS. [Entered: 06/13/2025 11:34 PM] [Edited: 06/16/2025 08:50 AM]

CURED DEFECTIVE DOCUMENT, Motion, at entry 45, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 06/16/2025 09:04 AM]

MOTION ORDER, granting motion to file reply to the Government’s letter dated 06/09/2025, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, by RJS,  FILED. [Entered: 06/16/2025 03:02 PM] [Edited: 06/16/2025 03:07 PM]

ORDER, dated 06/24/2025,  the Government is hereby ORDERED to facilitate the return of Petitioner to the United States as soon as possible.  The Court further directs the Government to file, within one week of this Order, a supplemental declaration from an individual with personal knowledge, addressing the following: (1) the current physical location and custodial status of Petitioner; and (2) what steps the Government will take, and when, to facilitate his return to the United States. Petitioner may file any response within three days of the Government’s filing.  The Petitioner's request that this Court appoint a special master pursuant to Federal Rule of Appellate Procedure 48(a) is denied,  by RJS, AJN, MAK, FILED. [Entered: 06/24/2025 10:50 AM] [Edited: 06/24/2025 11:07 AM]

CERTIFIED ORDER, dated 06/24/2025 to OIL, ISSUED. [Entered: 06/24/2025 11:09 AM]

LETTER, dated 07/01/2025,submitted in compliance with this Court's order dated 06/24/2025, informing that the Petitioner's current physical location and custodial status are unknown., and that efforts are being made to obtain this information, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 07/01/2025 by ACMS. [Entered: 07/01/2025 07:46 PM] [Edited: 07/02/2025 08:59 AM]

LETTER, dated 07/07/2025, submitted in response to respondent's letter at entry 51, in regards to petitioner's custodial status and physical location on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 07/07/2025 by ACMS. [Entered: 07/07/2025 11:23 PM] [Edited: 07/08/2025 02:56 PM]

LETTER, dated 07/07/2025, submitted in response to respondent's letter at entry 51, in regards to petitioner's custodial status and physical location on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 07/07/2025 by ACMS. [Entered: 07/07/2025 11:42 PM] [Edited: 07/08/2025 02:57 PM]

DEFECTIVE DOCUMENT, Letter dated 07/07/2025, submitted in response to respondent's letter at entry 51, in regards to petitioner's custodial status and physical location on behalf of Petitioner Jordin Alexander Melgar-Salmeron, at docket entry 52, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 07/08/2025 03:04 PM]

DEFECTIVE DOCUMENT, Letter dated 07/07/2025, submitted in response to respondent's letter at entry 51, in regards to petitioner's custodial status and physical location on behalf of Petitioner Jordin Alexander Melgar-Salmeron, at docket entry 52, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 07/08/2025 03:04 PM]

CURED DEFECTIVE DOCUMENT, Letter dated 07/07/2025, submitted in response to respondent's letter at entry 51, in regards to petitioner's custodial status and physical location on behalf of Petitioner Jordin Alexander Melgar-Salmeron, at entry 53, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 07/08/2025 03:07 PM]

CURED DEFECTIVE DOCUMENT, Letter dated 07/07/2025, submitted in response to respondent's letter at entry 51, in regards to petitioner's custodial status and physical location on behalf of Petitioner Jordin Alexander Melgar-Salmeron, at entry 53, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 07/08/2025 03:07 PM]

LETTER, dated 07/09/2025, regarding___(edit by Clerk's Office), on behalf of Respondent Pamela Bondi, RECEIVED. Service date 07/09/2025 by ACMS. [Entered: 07/09/2025 04:43 PM]

LETTER, dated 07/09/2025, regarding___(edit by Clerk's Office), on behalf of Respondent Pamela Bondi, RECEIVED. Service date 07/09/2025 by ACMS. [Entered: 07/09/2025 04:43 PM]

LETTER, dated 07/09/2025, regarding the petitioner's current location, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 07/09/2025 by ACMS. [Entered: 07/09/2025 04:43 PM] [Edited: 07/10/2025 08:54 AM]

ORDER, dated 07/11/2025, It is hereby ordered that, no later than 07/21/2025, and continuing each week thereafter until further order of the Court, the Government shall file a declaration regarding: (1) the current physical location and custodial status of Petitioner; (2) what steps, if any, the Government has taken to facilitate his return to the United States; and (3) what additional steps the Government will take, and when, to facilitate his return.  Additionally, in the Government’s initial declaration, it shall identify the legal basis for Petitioner’s current detention at the Terrorism Confinement Center in Tecoluca, El Salvador, by  RJS, AJN, MAK, FILED. [Entered: 07/11/2025 03:29 PM]

LETTER, dated 07/21/2025, regarding petitioner's physical location, the steps the Government will take to facilitate his return, and legal basis for Petitioner's current detention at the Terrorism Confinement Center in Tecoluca, El Salvador, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 07/21/2025 by ACMS. [Entered: 07/21/2025 07:00 PM] [Edited: 07/22/2025 08:15 AM]

ORDER, dated 07/25/2025, It is hereby ORDERED that, in addition to the Government’s weekly status updates in this case, the Government shall file a declaration made by an individual with personal knowledge no later than 08/01/2025, providing the basis for the Government’s assertion that Petitioner has been charged with illicit association and homicide, that he is housed at the maximum security prison in Tecoluca, and that he is awaiting trial.  The Government shall also provide any documentation corroborating this assertion. The Government may also request leave to file under seal any information that counsel deems necessary to redact.   In addition, on 01/02/2024, the Court granted the Government’s motion to hold the petition in abeyance.  Accordingly, absent objection, the Court intends to lift the hold in the petition in due course.  Any objection should be filed by 08/01/2025, by RJS, AJN, MAK, FILED. [Entered: 07/25/2025 04:07 PM]

LETTER, dated 07/28/2025, regarding current physical location of Petitioner and the steps the Government has taken to facilitate his return to the United States, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 07/28/2025 by ACMS. [Entered: 07/28/2025 08:46 PM] [Edited: 07/29/2025 08:35 AM]

NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Pamela Bondi, FILED. [Entered: 07/31/2025 09:13 AM]

ATTORNEY, Lindsay Brooke Glauner, in place of attorney Kitty M. Lees, SUBSTITUTED. [Entered: 07/31/2025 09:29 AM]

LETTER, dated 08/01/2025, regarding basis for The Government’s statement segarding Petitioner’s charges, detention, and trial, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 08/01/2025 by ACMS. [Entered: 08/01/2025 04:55 PM] [Edited: 08/04/2025 08:35 AM]

LETTER, dated requesting that this petition for review not be put back on the calendar at this time,, regarding___(edit by Clerk's Office), on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 08/04/2025 by ACMS. [Entered: 08/04/2025 10:36 AM] [Edited: 08/04/2025 11:35 AM]

LETTER, dated 08/01/2025, regarding___(edit by Clerk's Office), on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 08/04/2025 by ACMS. [Entered: 08/04/2025 10:44 AM]

DEFECTIVE DOCUMENT, Letter, at docket entry 65, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 08/04/2025 02:33 PM]

CURED DEFECTIVE DOCUMENT, Letter, at entry 64, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, FILED. [Entered: 08/04/2025 02:35 PM]

LETTER, dated 08/04/2025, consisting of weekly update of petitioner's current physical location, with supplemental declarations, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 08/04/2025 by ACMS. [Entered: 08/04/2025 03:52 PM] [Edited: 08/04/2025 04:34 PM]

ORDER, dated 08/05/2025, It is hereby ORDERED that Petitioner’s counsel shall file a letter no later than 08/11/2025, informing the Court of the steps counsel has taken to communicate with Petitioner since the Government confirmed Petitioner’s whereabouts.  It is hereby further ORDERED that the Government shall then file a responsive letter no later than 08/18/2025, explaining what measures it has taken to facilitate communication between Melgar-Salmeron and his counsel,  by RJS, AJN, MAK, FILED. [Entered: 08/05/2025 04:38 PM]

LETTER, dated 08/11/2025, consisting of weekly update of petitioner's current physical location, with supplemental declarations, on behalf of Respondent Pamela Bondi, RECEIVED. Service date 08/11/2025 by ACMS. [Entered: 08/11/2025 03:26 PM] [Edited: 08/11/2025 04:06 PM]

LETTER, dated 08/11/2025, informing that counsel has not communicated with the petitioner, on behalf of Petitioner Jordin Alexander Melgar-Salmeron, RECEIVED. Service date 08/11/2025 by ACMS. [Entered: 08/11/2025 11:33 PM] [Edited: 08/12/2025 09:23 AM]

LETTER, dated 08/18/2025, regarding___(edit by Clerk's Office), on behalf of Respondent Pamela Bondi, RECEIVED. Service date 08/18/2025 by ACMS. [Entered: 08/18/2025 03:38 PM]

LETTER, dated 08/18/2025, regarding___(edit by Clerk's Office), on behalf of Respondent Pamela Bondi, RECEIVED. Service date 08/18/2025 by ACMS. [Entered: 08/18/2025 03:40 PM]