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The only federal district court to have considered the constitutionality of this ground held that it violates due process because it is unconstitutionally vague and deprives noncitizens of a meaningful opportunity to be heard.

Ruiz Massieu sued the U.S. government in an effort to block his deportation and he won in federal district court.

"Neither a federal district court nor the United States has authority to tell the Government of El Salvador what to do," US Solicitor General D John Sauer wrote in an appeal to the Supreme Court.

His son, Rubén Oseguera Gonzalez, known as El Menchito — reportedly the cartel’s former second in command to his father — was sentenced to life in a U.S. prison last month after his drug-trafficking conviction in federal district court.

A federal District Court judge in Washington, D.C., declined to block the administration from sending more migrants to Guantanamo.