A federal judge in Washington, D.C. has ruled that a civil lawsuit brought against the United States by a Venezuelan national who was mistakenly deported to a prison in El Salvador belongs in a Texas federal court.
Background of the Case
The plaintiff, Neiyerver Adrián Leon Rengel, filed suit under the Federal Tort Claims Act (FTCA) seeking money damages and a declaratory judgment. Rengel alleges negligence, intentional infliction of emotional distress, abuse of process, and false imprisonment following his summary removal from the United States in March 2025.
According to court filings, Rengel entered the United States in 2023 through a port of entry in El Paso, Texas, after scheduling an appointment through the Customs and Border Protection mobile application. He was granted a court date for April 2028, applied for Temporary Protected Status, and subsequently lived in Irving, Texas, working as a barber.
On March 13, 2025, immigration officers detained Rengel at his apartment complex. Officers inspected his tattoos—which include depictions of a barbershop, a tiger, and the names of his mother and daughter—and alleged they indicated membership in the Venezuelan gang Tren de Aragua. Rengel denied any gang affiliation and requested a hearing before an immigration judge.
Instead, Rengel was transferred to a detention center in south Texas on March 14, 2025, the same day the President issued a secret proclamation under the Alien Enemies Act directing the summary removal of suspected Tren de Aragua members. The following day, Rengel was placed on a flight from Harlingen, Texas. Though told he was being returned to Venezuela, the aircraft landed in San Salvador, El Salvador.
Upon arrival, Rengel and other detainees were transferred into the custody of Salvadoran officials and imprisoned at the Terrorism Confinement Center (CECOT). Rengel was held at the facility for four months, during which he alleges he was subjected to beatings, poor conditions, and denied medical care before returning to Venezuela.
Transfer to Texas Court
The lawsuit alleges that high-ranking federal officials in Washington orchestrated the deportation scheme and directed planes to proceed despite a temporary restraining order issued by the D.C. district court on the morning of March 15, 2025.
The government moved to dismiss the case for improper venue, arguing that FTCA claims must be brought where the plaintiff resides or where the alleged acts or omissions occurred. Rengel currently resides in Venezuela.
Judge Boasberg determined that while policy decisions were discussed and issued by officials in Washington, D.C., the specific acts directly affecting Rengel occurred in Texas.
“The relevant question for FTCA venue purposes is thus not where the Proclamation was intended to have effect, but rather where the acts implementing the Proclamation were directed,” Boasberg wrote in the memorandum opinion. “So properly construed, the relevant conduct at issue was plainly aimed at an identifiable location: Texas, where Plaintiff and other Venezuelans deemed members of Tren de Aragua were detained and ultimately removed.”
The court denied the government’s request to dismiss the lawsuit outright, as well as Rengel’s motion for venue-related discovery, opting instead to transfer the proceeding to the Southern District of Texas in the interest of justice.
Original reporting: Tampa Free Press — read the source article.
