Melgar-Salmeron v. Bondi
Case Overview
Jordin Alexander Melgar-Salmeron filed a suit in the Second Circuit in 2023 to challenge a decision of the Board of Immigration Appeals which denied his request for a withholding of removal. He was granted a stay of removal on May 7, 2025. He was removed to El Salvador at some point on May 7, 2025.
The Application
Melgar-Salmeron appealed the BIA's denial of withholding protection to the Second Circuit, and the court granted a stay on May 7, 2025. However, Melgar-Salmeron was removed to El Salvador on that same day, creating questions about whether the stay was properly implemented and whether the removal violated the court order.
The Conclusion
The case remains active, though the apparent simultaneous grant of stay and execution of removal raises mootness and compliance questions. The Second Circuit must address whether Melgar-Salmeron retains a personal stake in the appeal or whether the removal itself constitutes a violation warranting relief.
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Case Analysis
Overview
Jordin Alexander Melgar-Salmeron filed a suit in the Second Circuit in 2023 to challenge a decision of the Board of Immigration Appeals which denied his request for a withholding of removal. He was granted a stay of removal on May 7, 2025. He was removed to El Salvador at some point on May 7, 2025.
Issue
Whether the Board of Immigration Appeals properly denied Melgar-Salmeron's request for withholding of removal from El Salvador, and whether his removal on May 7, 2025, complied with the stay of removal granted that same day.
Rule
Withholding of removal under INA § 241(b)(3) is available when an applicant demonstrates likely persecution on a protected ground or faces torture under the Convention Against Torture. A court-ordered stay of removal operates as a temporary injunction preventing removal until the appeal is resolved. The Second Circuit reviews withholding denials for abuse of discretion and applies de novo review to pure questions of law.
Analysis
Melgar-Salmeron appealed the BIA's denial of withholding protection to the Second Circuit, and the court granted a stay on May 7, 2025. However, Melgar-Salmeron was removed to El Salvador on that same day, creating questions about whether the stay was properly implemented and whether the removal violated the court order.
Conclusion
The case remains active, though the apparent simultaneous grant of stay and execution of removal raises mootness and compliance questions. The Second Circuit must address whether Melgar-Salmeron retains a personal stake in the appeal or whether the removal itself constitutes a violation warranting relief.
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