Case: Melgar-Salmeron v. Bondi

23-07792 | U.S. Court of Appeals for the Second Circuit

Filed Date: Nov. 20, 2023

Case Ongoing

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Case Summary

Jordin Alexander Melgar-Salmeron is an undocumented immigrant who had been in immigration detention since 2022 following a prison sentence for possessing an unregistered shotgun. In January 2024, the Biden Administration put Melgar-Salmeron's deportation case on hold amid broader litigation over immigration policy. Melgar-Salmeron filed this petition for review in the U.S. Court of Appeals for the Second Circuit, challenging a decision by the Board of Immigration Appeals that upheld an immigrat…

Jordin Alexander Melgar-Salmeron is an undocumented immigrant who had been in immigration detention since 2022 following a prison sentence for possessing an unregistered shotgun. In January 2024, the Biden Administration put Melgar-Salmeron's deportation case on hold amid broader litigation over immigration policy.

Melgar-Salmeron filed this petition for review in the U.S. Court of Appeals for the Second Circuit, challenging a decision by the Board of Immigration Appeals that upheld an immigration judge’s denial of his requests for withholding of removal and protection under the Convention Against Torture. He is represented by attorneys Matthew K. Borowski and Daniel Edward Jackson.

On April 17, 2025, the Trump Administration moved to expedite Melgar-Salmeron’s deportation case and  removal. The Department of Justice (DOJ) indicated that it wanted to deport him by May 9 “at the latest” but assured the court no deportation would take place before May 8. In response, the petitioner moved for emergency relief and requested the government be enjoined from removing him. On May 7, the court denied the government's motion and granted the request for emergency relief.

Despite the court’s order, Melgar-Salmeron was placed on an Immigrations and Customs Enforcement (ICE) Air flight to El Salvador just 28 minutes later. The next day, the government notified the court of his removal, attributing it to a "confluence of administrative errors" that caused ICE to miss the court’s order. He is at least the fourth person removed despite a federal court order barring removal. (To see the Clearinghouse's collection of legal challenges to actions by the second Trump Administration, including related to immigration, click here.)

Although the government initially agreed to parole him back into the U.S. if he presented at a port of entry, it refused to disclose his current location, preventing the court from assessing the adequacy of that remedy.

On June 24, 2025, the court ordered the government to facilitate his return and report within a week on:

  1. The petitioner’s current location and custodial status, and
  2. The steps it will take to secure his return.

The case remains ongoing.

 

Summary Authors

Jinan Abufarha (7/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70409956/parties/melgar-salmeron-v-bondi/


Expert/Monitor/Master/Other

-, Oil Oil, (Connecticut)

-, Matthew Borowski, (Connecticut)

-, Daniel Edward (Connecticut)

Attorney, Kitty Marie (Connecticut)

Counsel, Lisa Marie (Connecticut)

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Documents in the Clearinghouse

Document
49

23-07792

[Untitled]

June 24, 2025

June 24, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70409956/melgar-salmeron-v-bondi/

Last updated July 7, 2025, 9:35 a.m.

ECF Number Description Date Link Date / Link
1

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

Nov. 20, 2023

Nov. 20, 2023

PACER
2

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

Nov. 20, 2023

Nov. 20, 2023

PACER
3

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]

Nov. 20, 2023

Nov. 20, 2023

PACER
4

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]

Nov. 20, 2023

Nov. 20, 2023

PACER
5

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

Nov. 20, 2023

Nov. 20, 2023

PACER
6

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]

Nov. 20, 2023

Nov. 20, 2023

PACER
7

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

Nov. 29, 2023

Nov. 29, 2023

PACER
8

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

Nov. 29, 2023

Nov. 29, 2023

PACER
9

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]

Dec. 6, 2023

Dec. 6, 2023

PACER
10

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]

Dec. 6, 2023

Dec. 6, 2023

PACER
11

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]

Dec. 7, 2023

Dec. 7, 2023

PACER
12

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

Dec. 8, 2023

Dec. 8, 2023

PACER
13

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

Dec. 8, 2023

Dec. 8, 2023

PACER
14

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]

Dec. 12, 2023

Dec. 12, 2023

PACER
15

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]

Dec. 12, 2023

Dec. 12, 2023

PACER
16

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]

Dec. 14, 2023

Dec. 14, 2023

PACER
17

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

1 Immigration 90-Day Tolling Order

View on RECAP

2 Immigration 90-Day Tolling Order

View on RECAP

Dec. 15, 2023

Dec. 15, 2023

18

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]

Dec. 22, 2023

Dec. 22, 2023

PACER
19

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]

Dec. 22, 2023

Dec. 22, 2023

PACER
20

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]

Jan. 2, 2024

Jan. 2, 2024

RECAP
21

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]

Jan. 24, 2025

Jan. 24, 2025

PACER
22

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

Feb. 5, 2025

Feb. 5, 2025

PACER
23

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]

April 17, 2025

April 17, 2025

PACER
24

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

May 1, 2025

May 1, 2025

PACER
25

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]

May 1, 2025

May 1, 2025

PACER
26

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

May 2, 2025

May 2, 2025

PACER
27

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]

May 2, 2025

May 2, 2025

PACER
28

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

May 2, 2025

May 2, 2025

PACER
29

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

May 2, 2025

May 2, 2025

PACER
30

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]

May 7, 2025

May 7, 2025

RECAP
31

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

May 7, 2025

May 7, 2025

PACER
32

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]

May 8, 2025

May 8, 2025

PACER
33

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]

May 12, 2025

May 12, 2025

RECAP
34

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]

May 19, 2025

May 19, 2025

PACER
35

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]

May 21, 2025

May 21, 2025

RECAP
36

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

May 22, 2025

May 22, 2025

PACER
37

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

May 23, 2025

May 23, 2025

PACER
38

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]

May 28, 2025

May 28, 2025

PACER
39

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]

June 2, 2025

June 2, 2025

PACER
40

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]

June 10, 2025

June 10, 2025

PACER
41

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]

June 12, 2025

June 12, 2025

PACER
42

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

June 12, 2025

June 12, 2025

PACER
43

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]

June 12, 2025

June 12, 2025

PACER
44

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

June 12, 2025

June 12, 2025

PACER
45

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]

June 13, 2025

June 13, 2025

PACER
46

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]

June 13, 2025

June 13, 2025

PACER
47

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

June 16, 2025

June 16, 2025

PACER
48

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]

June 16, 2025

June 16, 2025

RECAP
49

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]

June 24, 2025

June 24, 2025

RECAP
50

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

June 24, 2025

June 24, 2025

PACER
51

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]

July 1, 2025

July 1, 2025

PACER

Case Details