Leon Rengel v. United States

District Court, District of Columbia·Decided August 3, 2026·No. Civil Action No. 2026-1008·Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

NEIYERVER ADRIÁN LEON RENGEL,

Plaintiff, v. Civil Action No. 26-1008 (JEB)

UNITED STATES,

Defendant.

MEMORANDUM OPINION

Plaintiff Neiyerver Adrián Leon Rengel is a Venezuelan national who was summarily removed from the United States and flown to El Salvador’s mega-prison CECOT in March 2025 after he was wrongly deemed to be a member of the Venezuelan gang Tren de Aragua. Seeking recompense for his ill treatment, Plaintiff filed suit in this district against the United States under the Federal Tort Claims Act. The Government has now filed a Motion to Dismiss for improper venue. Although this matter presents nuanced venue questions, the Court agrees that it does not belong here. The Court will therefore transfer the case to the Southern District of Texas. I. Background The facts underlying this case cover much familiar ground for this Court. It recounts those that are relevant to the discrete issue before it, treating the facts alleged in the Complaint as true, as it must at this stage. In 2025, the President and high-ranking Executive Branch officials began considering a plan to swiftly deport Venezuelan nationals without having to go through ordinary removal proceedings. See ECF No. 5-1 (Compl.), ¶¶ 47–49, 52–53; see also J.G.G. v. Trump, 772 F. Supp. 3d 18, 26 (D.D.C. 2025); J.G.G. v. Trump, 813 F. Supp. 3d 126, 134 (D.D.C. 2025). In February of that year, Secretary of State Marco Rubio negotiated an

agreement with the President of El Salvador to house certain detainees of the United States government in a Salvadoran mega-prison called the Terrorism Confinement Center, otherwise known as CECOT. See Compl., ¶¶ 52, 54. CECOT was widely reported to be “hell on earth,” and then-Secretary of Homeland Security Kristi Noem advertised it as a “consequence[]” of “com[ing] to our country illegally.” Id., ¶¶ 53–54. In late February, immigration officials began staging Venezuelan detainees at detention centers from which they could be quickly deported. Id., ¶ 58.

On March 14, the President in a secret Proclamation invoked the seldom-used Alien Enemies Act, see 50 U.S.C. § 21, declaring that a Venezuelan gang called Tren de Aragua had committed an invasion and predatory incursion upon the United States. See Compl., ¶ 59; J.G.G., 813 F. Supp. 3d at 133–34. Consistent with that Proclamation, he directed immigration officials to find and summarily deport any person determined to be a member of that gang. See Proclamation No. 10903, 90 Fed. Reg. 13033, 13034 (Mar. 14, 2025). That same day, top officials at the Department of Justice met to discuss how to implement the then-forthcoming Proclamation. See Compl., ¶¶ 89–90. Then-Acting Deputy Attorney General Emil Bove told the attorneys present that flights carrying Venezuelans subject to the Proclamation were planned for March 15 or 16, and that the planes needed to take off regardless of any court order to the contrary. Id., ¶ 91. Also on that same day, then-Attorney General Pam Bondi released a memorandum to law-enforcement officers, providing guidance on how to expeditiously effectuate the removals once the Proclamation was made public. Id., ¶ 61.

This Court was made aware of the pending removals after several of the detained Venezuelans contacted lawyers, who filed suit in the early hours of March 15, seeking injunctive relief. Id., ¶ 94; J.G.G., 813 F. Supp. 3d at 134. The Court granted the five named Plaintiffs’

request for a temporary restraining order that same morning and scheduled a hearing for later that day to consider the class-certification request. See Compl., ¶ 95; J.G.G., 813 F. Supp. 3d at 134. Throughout the morning, Stephen Miller, Homeland Security Advisor and White House Deputy Chief of Staff for Policy, was orchestrating a “mad scramble” to ensure that the planes would get off the ground before they were stopped by a court. See Compl., ¶ 102. Just before the afternoon hearing, the Proclamation was finally issued publicly. J.G.G., 813 F. Supp. 3d at 134. During that hearing, Deputy Assistant Attorney General of the Office of Immigration Litigation Drew Ensign claimed that he did not know whether planes would depart “in the next 24 or 48 hours.” Compl., ¶ 97. About twenty minutes into the hearing (and unbeknownst to the Court at that time), the first removal flight took off. Id., ¶ 103. Meanwhile, the Court certified a class of all individuals subject to removal under the Proclamation and issued a TRO enjoining their removal. J.G.G., 813 F. Supp. 3d at 134. Senior Government officials debated turning the planes around, but Bove advised that they should proceed. See Compl., ¶¶ 100, 104. Then- Secretary Noem accordingly directed that the planes continue to El Salvador. Id., ¶ 104; J.G.G. v. United States, No. 25-766, ECF No. 195 (Def. Resp. to Court Order), ¶ 4 (D.D.C. Nov. 25, 2025). The first removal flight landed in San Salvador about four hours after the Court’s oral order. See Compl., ¶¶ 105–07. Despite this Court’s direction that the Government should not relinquish custody of the detainees, the Government nonetheless ordered them off the plane and into the custody of Salvadoran officials, who imprisoned them in CECOT. Id., ¶¶ 80, 97–109; J.G.G., 813 F. Supp. 3d at 134.

Plaintiff, a Venezuelan national, was one such detainee. He was summarily deported to El Salvador on the first removal flight. See Compl., ¶¶ 77, 96, 103. Rengel had arrived in the United States in 2023 through a port of entry in El Paso, Texas, after appearing for an

appointment that he had scheduled through the Customs and Border Protection phone app. Id., ¶¶ 63–65. His immigration-court hearing was set for April of 2028, which allowed him to remain in the country until then. Id., ¶ 65. Six months after he first arrived, he also applied for Temporary Protected Status. Id., ¶ 66. In the meantime, Rengel settled into his new life in Irving, Texas, where he worked as a barber and lived with his girlfriend and her daughter. Id., ¶¶ 65–68.

Nearly two years later, on March 13, 2025, Plaintiff was detained by immigration officers at his apartment complex in Irving. Id., ¶¶ 69–71. They ordered him to display his tattoos, which include a barbershop and tiger, as well as the names of his mother and daughter. Id., ¶ 71. The officers determined that Rengel’s tattoos indicated affiliation with Tren de Aragua, which he denied, and then took him into custody. Id. He and all other Venezuelans detained were then given the option of appearing before a judge or being deported to Venezuela. Id., ¶ 72. Plaintiff requested a hearing. Id.

But he did not get one. Instead, officers photographed his tattoos and then transferred him to a detention center in south Texas on March 14 — the same day that the Proclamation was secretly issued. Id., ¶¶ 72–74. The next morning, Rengel was told that he would be deported to Venezuela. Id., ¶ 75. He was then handcuffed, shackled, and loaded onto a bus to Harlingen, Texas. Id., ¶ 76. Upon arrival, Plaintiff was ordered onto a plane that he believed was bound for Venezuela, as the immigration officials had told him. Id., ¶¶ 75, 78. Once the plane touched down, Rengel found himself instead in San Salvador. Id., ¶ 79. He and other detainees protested to United States officials on the plane that they would not disembark because they were not in their home country. Id., ¶¶ 79–80. In response, those officials directed Salvadoran officials to board the plane and authorized them to strike the detainees and drag off those who resisted. Id.,

¶ 80. Plaintiff and his companions were then transferred to CECOT, where he was kept for four months. Id., ¶¶ 82, 115.

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