Lawyers Challenge Dismissals of Deported Venezuelan Migrants’ Cases

HOUSTON, Texas — Lawyers are sounding alarms as U.S. immigration courts dismiss cases of Venezuelan migrants deported to El Salvador, raising serious concerns over due process violations. This situation follows the deportation of over 200 Venezuelans, many without prior criminal records.

On March 15, 2025, Henrry Albornoz Quintero, a migrant detained after a routine check-in with Immigration and Customs Enforcement (ICE), was sent to El Salvador’s Terrorism Confinement Center (CECOT). His attorney, John Dutton, fought to keep his case open but reported that it was dismissed due to a lack of jurisdiction. “Henrry is not here because the president shipped him out of the country. What’s an immigration judge going to do to stop that?” Dutton stated.

According to Michelle Brane, executive director of the organization Together and Free, at least 15 immigration cases involving CECOT detainees have been dismissed, with some including active asylum applications. She expressed concern that dismissals carry the assumption that these individuals will never return. “It’s based on court decisions that they should be brought back to receive some kind of due process,” Brane said.

Legal experts have noted that the dismissals deny migrants the chance to contest their deportations. “The idea that the government can disappear you because of your tattoos should send a chill down the spine of every American,” said Lindsay Toczylowski, representing one deportee.

The Department of Homeland Security (DHS) claimed the men had connections to a Venezuela-based gang. Still, recent reports revealed that a minority of the deported individuals had any prior convictions. Attorney Mark Prada stated he managed to keep one client’s case administratively closed, preventing a dismissal.

Frizgeralth de Jesús Cornejo Pulgar, another migrant stuck in CECOT, had his case terminated in Houston as the judge ruled that jurisdiction was lost after his deportation. His attorney, Joseph Giardina, argued that the dismissal means Cornejo has been erased from the legal system. “Even if I can black and white do this, I probably shouldn’t,” Giardina said.

Immigration courts have faced criticism for dismissing cases of immigrants held outside the U.S. without their ability to present asylum claims. Experts believe this sets a dangerous precedent for due process in the immigration system.

As the situation develops, lawyers for the affected migrants are planning appeals, firm in their belief that the constitutional rights of those seeking asylum should be upheld. “These men remain in legal limbo, and we must ensure their cases do not simply vanish,” Brane concluded.