The United States government filed an appeal to the Fifth Circuit Court of Appeals on Thursday, challenging a federal judge’s order aimed at tracking down Widmer Agelviz-Sanguino, a 24-year-old Venezuelan man deported from Houston.
This appeal follows a ruling by U.S. Judge Keith Ellison of the Southern District of Texas, which mandated government officials to locate Agelviz-Sanguino, facilitate communication with his legal representatives, and share details about arrangements made with El Salvador, where he was allegedly sent after being suspected of gang affiliation.
Agelviz-Sanguino was flagged by customs officers upon his arrival at Houston’s Bush Intercontinental Airport last fall, as officials believed his tattoos were linked to the Tren de Aragua gang — a group that has drawn scrutiny from the U.S. government under the previous Trump administration’s immigration policies.
His attorney, Javier Rivera, emphasized that Agelviz-Sanguino had undergone vetting through a refugee resettlement program before his arrival in the U.S.
Despite the government’s position, Agelviz-Sanguino’s legal team contended that he is not a gang member, which they highlighted in a lawsuit against the Department of Homeland Security and Secretary Kristi Noem.
Contact with Agelviz-Sanguino was lost in March, coinciding with his mention in a CBS News report that detailed the deportation of Venezuelans to the CECOT prison in El Salvador.
Following the U.S. Embassy’s unsuccessful attempt to locate him, Judge Ellison issued additional directives, stating that the Embassy’s inquiry lacked sufficient detail or evidence to satisfy previous orders.
In a subsequent Wednesday ruling, Ellison specifically called for U.S. authorities to disclose the Salvadoran law used to justify Agelviz-Sanguino’s detention.
Rivera noted that the government’s appeal was puzzling, as it contested aspects of the order that required transparency about Agelviz-Sanguino’s health, location, and communication access.
He remarked, “The timing of everything is just incredibly odd.” Rivera elaborated that the government was appealing a request that essentially acknowledged they have custody of Agelviz-Sanguino, which made the appeal seem illogical.
The legal representative commented, “This is why it makes absolutely no sense to me because I would think that they were going to appeal evidence of the connection between U.S. and El Salvador, but they appealed the portion of a public welfare check, and evidence that they have him.”
As legal proceedings progress, the U.S. Department of Justice, which is representing Noem and the Department of Homeland Security, has not yet provided comments regarding the appeal.
This situation draws attention not only to issues of deportation and immigration enforcement but also to the implications of gang affiliations and their impact on individuals fleeing conflict and seeking refuge in the U.S.
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