(NEW YORK) — A Venezuelan migrant who was deported from the United States to El Salvador’s CECOT mega-prison last year has filed a lawsuit against the Trump administration, alleging he was wrongfully removed without due process.
Attorneys for Neiyerver Adrián Leon Rengel say their client’s removal violated his rights.
“Through a series of unconstitutional and ultra vires acts by high-ranking federal officials and law enforcement officers, Plaintiff Neiyerver Adrián Leon Rengel was wrongly identified as a member of the gang Tren de Aragua, repeatedly denied due process, falsely imprisoned, intentionally deceived, and — ultimately — illegally sent to El Salvador in blatant violation of a court order,” the lawsuit filed on Tuesday states.
Rengel is one of more than 250 Venezuelan nationals released to their home country from CECOT in a prisoner swap last July, after being removed from the U.S. under the Alien Enemies Act, an 18th century wartime authority used to remove noncitizens with little-to-no due process.
The Trump administration deported two planeloads of alleged migrant gang members to the El Salvador prison by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.
Rengel is seeking $1.3 million in damages.
According to the complaint, Rengel presented himself at a U.S. port of entry several years ago, complied with all immigration requirements, and was awaiting an immigration hearing that was set for 2028.
“On the morning of his birthday, March 13, 2025, while he was headed to work, Plaintiff was caught in the Administration’s scheme and would soon experience the full force of its unconstitutional and unlawful policies,” the complaint states. “At the time of his arrest, the only justification offered by ICE officers was that Plaintiff’s tattoos indicated his membership in TdA. Plaintiff immediately rebutted that identification, as he has never had any affiliation with TdA or any other gang.”
A spokesperson for the Department of Homeland Security disputed the allegations in the suit.
“Neiyerver Adrian Leon Rengel entered our country illegally in 2023 from Venezuela and is an associate of Tren De Aragua. This illegal alien was deemed a public safety threat as a confirmed associate of the Tren de Aragua gang and processed for removal from the U.S.,” the spokesperson said in a statement.
“We hear far too much about gang members and criminals’ false sob stories and not enough about their victims,” the statement said. “We are confident in our law enforcement’s intelligence, and we aren’t going to share intelligence reports and undermine national security every time a gang member denies he is one.”
Rengel was held at the Salvadoran prison for four months. During that time, he alleges he was beaten by guards, denied medical care, and held without contact with his family or legal counsel.
“These conditions and the physical abuse inflicted on Plaintiff were the direct, proximate result of the decisions of federal officials who placed and maintained him in constructive U.S. custody at CECOT, and they constitute cruel and unusual punishment in violation of the Eighth Amendment,” the complaint states.
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