They are in fact currently at least entitled to a hearing to ascertain that they are removable. Absent that, the state could just start snatching anybody and shipping them to CECOT.
But this particular person we are talking about got a hearing and a BIA appeal and was found to be deportable. His asylum request claim was denied. What’s perplexing is why the immigration judge didn’t order him deported.
Thank you for the additional context. However, this individual would not have been eligible for expedited removal as he entered the US in 2011, and the arrest where he was alleged to be a gang member was in 2019. To be eligible for expedited removal a person must have not been present continuously for the previous 2 years. No indication that's the case here.
I suspect the judge would allow a deportation to a country other than El Salvador as soon as the government presented an option of a country willing to accept him. I also suspect few governments in the world would assent to such a transfer.
But this particular person we are talking about got a hearing and a BIA appeal and was found to be deportable. His asylum request claim was denied. What’s perplexing is why the immigration judge didn’t order him deported.