Bastidas v. Dickerson
Case Overview
A Venezuelan citizen removed to El Salvador on March 15 filed a habeas corpus petition.
The Facts
The petitioner, a Venezuelan national, was subject to a removal order to Venezuela. Without notice or a hearing, immigration authorities transferred him to El Salvador, where he was detained at CECOT, a maximum-security counterterrorism prison. He had no criminal record in the United States and had not been charged with gang membership. His attorneys were not notified before the transfer.
The Application
By removing Bastidas to El Salvador without notice or hearing despite his removal order designating Venezuela, the government violated the regulatory restriction in 8 C.F.R. § 241.8 against third-country removals without additional process and the due process requirement to provide notice and opportunity to contest material changes to removal proceedings. The violation was particularly acute because Bastidas had no criminal record, no gang involvement, and his attorneys received no notification before his transfer to El Salvador's CECOT maximum-security facility, leaving him unable to challenge the unauthorized destination change. However, after 125 days of detention, Bastidas was released to Venezuela through diplomatic arrangement rather than judicial order, prompting the government to move to dismiss the habeas petition as moot and leaving the underlying legal questions about third-country removals unresolved by the court.
The Conclusion
**After 125 days imprisoned in El Salvador's CECOT facility, Bastidas was released and sent to Venezuela on a U.S.-brokered flight in July 2025, alongside approximately 250 other Venezuelan nationals.** The government had moved to dismiss his habeas petition as moot, arguing he was no longer in ICE custody. His release came through diplomatic arrangements rather than a court order on the merits, leaving the underlying legal questions about third-country removals without judicial notice unresolved.
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Case Analysis
Facts
The petitioner, a Venezuelan national, was subject to a removal order to Venezuela. Without notice or a hearing, immigration authorities transferred him to El Salvador, where he was detained at CECOT, a maximum-security counterterrorism prison. He had no criminal record in the United States and had not been charged with gang membership. His attorneys were not notified before the transfer.
Issue
Whether the government may remove a noncitizen to a third country not designated in the original removal order without providing notice or an opportunity to contest the change in destination.
Rule
A removal order specifies a designated country of removal. Regulatory and due process requirements generally require notice and an opportunity to be heard before material changes to removal proceedings. The Third Country rule and regulations under 8 C.F.R. § 241.8 restrict removal to countries not designated in the order without additional process.
Analysis
By removing Bastidas to El Salvador without notice or hearing despite his removal order designating Venezuela, the government violated the regulatory restriction in 8 C.F.R. § 241.8 against third-country removals without additional process and the due process requirement to provide notice and opportunity to contest material changes to removal proceedings. The violation was particularly acute because Bastidas had no criminal record, no gang involvement, and his attorneys received no notification before his transfer to El Salvador's CECOT maximum-security facility, leaving him unable to challenge the unauthorized destination change. However, after 125 days of detention, Bastidas was released to Venezuela through diplomatic arrangement rather than judicial order, prompting the government to move to dismiss the habeas petition as moot and leaving the underlying legal questions about third-country removals unresolved by the court.
Conclusion
**After 125 days imprisoned in El Salvador's CECOT facility, Bastidas was released and sent to Venezuela on a U.S.-brokered flight in July 2025, alongside approximately 250 other Venezuelan nationals.** The government had moved to dismiss his habeas petition as moot, arguing he was no longer in ICE custody. His release came through diplomatic arrangements rather than a court order on the merits, leaving the underlying legal questions about third-country removals without judicial notice unresolved.
Notes
CourtListener 404. Docket may have been removed or ID is incorrect
Overview
A Venezuelan citizen removed to El Salvador on March 15 filed a habeas corpus petition.
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