A federal judge on Wednesday ordered the government to release a headquarters of Venezuelan temporary protected status that was unfairly arrested in January and almost put himself on a deportation flight to El Salvador.
The American district judge Rolando Olvera also ordered the government to pay for the trips of Adrian Gil Rojas back to his home in New York from a detention center in Texas.
The judge recommended that an ankle monitor in red be placed waiting for a future immigration hearing.
According to judicial records, Rojas was arrested more than two months ago after the immigration and customs officers of the United States entered their home in search of another person.
“He opened [the door] Holding their 2 -year -old son, “Rojas’s lawyers said in a complaint filed in March.” The officers took his son, handcuffed him and promoted him, all without permission or consent. “
Rojas, according to judicial records, repeatedly told immigration officers who have a valid TPS status and showed their immigration paper.
“The officers ignored him but retained the paperwork,” the complaint said.
The alleged members of the Venezuelan criminal organization, Aragua Train, which were deported by the United States government, are arrested at the Center for Confinement of Terrorism in Tecoluca, El Salvador in a photo obtained on March 16, 2025.
Press Secretary of the Presidency Via Reuters
In a presentation on Tuesday, a letter from the American citizenship and immigration services that was included as an exhibition said that the state of TPS de Rojas had been revoked and claimed that he is a member of the Venezuelan banks Train of Aragua.
According to the letter, the United States government determined that Rojas is a member of TDA due to his publications on social networks that indicated that he resided with a known TDA member and for his tattoos.
Rojas’s lawyers backed the Uscis letter saying that the document “is not enough to finish their tps status and does not make their detention legal.”
“The respondents informed the petitioner for the first time today that they intend to withdraw their existing TPS subsidy,” said Rojas’s lawyers in the presentation. “The letter received by the petitioner indicates that respondents believe that it is a” member or affiliate “of Train de Aragua, a representation they have not done before this court.”
In the court order on Wednesday, Judge Olvera said that Rojas has a valid TPS status.
On March 14, after Rojas was “suddenly transferred” to a detention center in Texas, he and other people were placed on a elimination flight, they were told that he went to Venezuela, but “due to mechanical problems,” the plane did not take off, according to the complaint.
Rojas, according to judicial records, told him that he was going to be put on a new flight the next day. Rojas’s partner informed his lawyers that Rojas was going to be deported from the United States, and later that day a judge granted the lawyer of a temporary restriction order that prevented his removal.
The next day, more than 200 Venezuelan men who the government affirms that they were gang members, who were detained in the same Texas installation as Rojas, were placed on flights and deported under the law of alien enemies to a notorious prison in El Salvador with little or not due process.
“We were horrified that the government ignored the legal protections that Gil Rojas enjoys and was ready to send it to El Salvador, to that horrible prison,” lawyer Javier Maldonado told ABC News.
“He was lucky and I hope that the administration learns that they have to comply with the law and have to make sure that the people who are rounding are not people who have the right to remain in the United States and have legal rights that can be affirmed in court,” said Maldonado.
In his response, the government acknowledged that Rojas was not “deportable today”, but argued that he should remain stopped until his TPS benefits were expected to expire on April 2.
Rojas lost a court date in September that resulted in a In absence Elimination order. Rojas’s lawyers have presented a motion to terminate that order.
One of Rojas’s lawyers is the main lawyer in a separate case that defies the decision of the Trump administration to end the TPS protections before the October 2026 date granted by the Biden Administration. Last week, a federal judge prohibited the administration from finishing protections for up to 350,000 migrants on April 2.
“Even if TPS expires, Mr. Gil Rojas will not be subject to the elimination at less and until the immigration judge presided over his case of removal denies his motion to reopen,” Rojas lawyers said in a presentation last week.
“The government can stop people only where it has authority to do so now, not where such authority could obtain,” said their lawyers.
