A US federal judge mandated the return of Kilmar Abrego Garcia, a Salvadoran national, to the United States by April 7th. The deportation was deemed a mistake by the government due to an administrative error.
Abrego Garcia, a father of three residing in Maryland, was deported despite a previous immigration judge's grant of withholding of removal, prohibiting deportation to El Salvador. The judge stated the deportation lacked legal basis.
The Trump administration acknowledged the error in a court filing. However, they initially claimed they couldn't facilitate his return due to Abrego Garcia being in Salvadoran custody. This case represents the first instance where the administration openly admitted error concerning recent deportation flights to El Salvador.
Judge Paula Xinis expressed skepticism regarding claims of Abrego Garcia's alleged MS-13 gang ties, citing insufficient evidence presented by the Justice Department.
The judge's order prioritizes the return of Abrego Garcia, highlighting the significance of the case for him and his family. The lack of evidence supporting gang affiliation raised questions about the government's handling of the case.
CNN  —Â
A federal judge on Friday ruled that the United States must bring back a man who was mistakenly deported to El Salvador last month.
Judge Paula Xinis of the US District Court in Maryland directed the federal government to return Kilmar Abrego Garcia, a Salvadoran national, to the US no later than 11:59 p.m. on April 7.
The Trump administration conceded in a court filing Monday it mistakenly deported the Maryland father of three “because of an administrative error,” but said it could not bring him back because he is in Salvadoran custody. It appeared to mark the first time the administration has admitted an error related to its recent deportation flights to El Salvador, which are now at the center of a fraught legal battle.
“This case is certainly important to Abrego Garcia and his family,” the judge said. “In recognition of that. I feel like I can’t wait on giving my order.”
Over the course of the hearing, Xinis had repeatedly raised issues with Abrego Garcia’s removal to El Salvador, given that an immigration judge had previously granted him withholding of removal, meaning he could suffer persecution if removed from the US to El Salvador. He was still considered removable; it just couldn’t be to El Salvador. Xinis cited that status in her ruling, saying Abrego Garcia was apprehended last month “without legal basis” and deported “without justification of legal basis.”
During the hearing, Xinis also appeared skeptical about Abrego Garcia’s alleged ties to the MS-13 gang, which Trump officials have maintained, saying that she had not seen sufficient evidence to that effect.
“When someone is accused of membership in such a violent and predatory organization, it comes in the form of an indictment, complaint, criminal proceeding that has a robust process,” she said. The Justice Department didn’t provide additional evidence beyond what’s already been submitted in the case. “The government made a choice here to produce no evidence,” DOJ attorney Erez Reuveni told the judge.
This story is breaking and will be updated.
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