Federal Judge Rejects DOJ's Sanctions Against Immigration Lawyer

A federal judge in Guam has dismissed the Trump administration's attempt to impose sanctions on immigration lawyer Joshua Schroeder, who was accused by the Justice Department (DOJ) of filing meritless litigation to delay the deportation of his client, Vang Lor. Lor, a Laotian immigrant, had previously pleaded guilty to attempted murder in California and was sentenced to 22 years in prison. The DOJ claimed that Schroeder made “knowing or reckless misrepresentations” in his legal arguments across three federal courts, which ultimately failed to prevent Lor's deportation.

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U.S. District Court Judge Frances Tydingco-Gatewood ruled against the DOJ's request for sanctions, stating that while Schroeder's legal arguments did not prevail, they were not so frivolous as to warrant punishment. The judge emphasized that Schroeder made a good faith effort to argue for his client's rights and did not conduct himself in a manner that could be deemed sanctionable. Tydingco-Gatewood noted, “His legal argument failed, but he made a good faith argument of what he contends the law should be, and this is not a sanctionable offense.”

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Starting in May 2025, Schroeder filed lawsuits to block Lor's deportation, citing concerns that Lor might be unlawfully deported under the Alien Enemies Act. This law had previously been used by the Trump administration to deport alleged Venezuelan gang members. However, Judge Tydingco-Gatewood ultimately determined that she lacked jurisdiction to intervene in Lor's deportation, which was being carried out under a different legal framework.

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The DOJ's attempt to sanction Schroeder was the first notable instance of the department invoking an executive order issued by President Donald Trump, aimed at penalizing attorneys and law firms engaged in what the administration deemed frivolous litigation against the government. The ruling raises questions about the balance between legal advocacy and government oversight, particularly in immigration cases.

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Critics of the DOJ's sanctions argue that the move reflects a broader trend of the Trump administration targeting legal professionals who challenge its policies. The administration has previously sought to punish various law firms and attorneys, accusing them of unethical practices. Some firms have successfully contested these actions in court, leading to a series of legal battles over the administration's directives.

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Following the ruling, the DOJ has filed a motion with the 9th Circuit Court of Appeals seeking sanctions related to an unsuccessful appeal Schroeder filed on behalf of Lor. The details of this motion are not yet publicly available, as it was filed late. The outcome of this appeal may further influence the ongoing discourse surrounding legal representation in immigration cases.

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• “His legal argument failed, but he made a good faith argument of what he contends the law should be, and this is not a sanctionable offense,” — Frances Tydingco-Gatewood, U.S. District Court Judge.

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