#KilmarAbregoGarcia has sued, claiming the #Trump admin is illegally using the removal process to punish him for the public embarrassment caused by his #deportation.

In her order releasing Garcia, #Xinis wrote that federal authorities “did not just stonewall” the court, “They affirmatively misled the tribunal.” Xinis also rejected the government’s argument that she lacked jurisdiction to intervene on a final removal order for Abrego Garcia, because she found no such order was ever filed.

#law

#ICE freed #KilmarAbregoGarcia just before 5PM Thursday in response to a ruling from #Xinis, who wrote federal authorities detained him after his return to the #US without any legal basis.

…The 2019 settlement found he had a “well founded fear” of danger in #ElSalvador…. [But the #Trump admin deported him there anyway. To #CECOT, a prison for terrorists notorious for its #HumanRights abuses.] So instead ICE has been seeking to deport him to a series of African countries.

#law #immigration

When Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, announced to the crowd assembled outside that his client would walk back out the field office’s doors again, he stressed that the legal fight was not over.

“Yesterday’s order from Judge #Xinis & now the temporary restraining order this morning represent a victory of #law over #power,” Sandoval-Moshenberg said.

#Trump #law #Constitution #immigration #Judiciary #SeparationOfPowers #AbuseOfPower #Authoritarianism #StateSponsoredAbduction

Ofcls cannot re-detain him until the court conducts a hearing on the motion for the temporary restraining order, #US District Judge Paula #Xinis in Maryland said. She wrote that #KilmarAbregoGarcia is likely to succeed on the merits of any further request for relief from #ICE #detention.

“For the public to have any faith in the orderly administration of justice, the Court’s narrowly crafted remedy cannot be so quickly & easily upended without further briefing & consideration,” she wrote.

#law

Judge #Xinis also alternatively finds that the govt is not detaining him to execute a removal order — because if they did want to deport him they could have sent him to Costa Rica any time since August but have refused to do so (& lied about why) because the admin wants to send him to #Africa [where it is very likely he would be killed].

#FactCheck #TrumpLies #law #KilmarAbregoGarcia #immigration #Rendition #StateSponsoredAbduction #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

Here is the full text what the immigration judge ordered in 2019. As Judge #Xinis notes, NONE of these three things include an order of removal.

The government tried to argue that the withholding grant was "implicitly" a removal order, but the #law requires an explicit one.

#FactCheck #TrumpLies #KilmarAbregoGarcia #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

Judge #Xinis finds that #KilmarAbregoGarcia was NEVER ordered deported in 2019. She notes that ever since this began in March 2025, the government has NEVER been able to produce ANY evidence that the immigration judge actually issued a removal order.

#law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

Judge #Xinis calls out the govt for misrepresenting Costa Rica’s position on taking #KilmarAbregoGarcia.

“Ultimately, Respondents' calculated effort to take Costa Rica ‘off the table’ backfired. Within 24 hours, Costa Rica, through Minister Zamora Cordero, communicated to multiple news sources that its offer to grant Garcia residence & refugee status is, & always has been, firm, unwavering, & unconditional.

“Respondents have sat mum since.”

https://storage.courtlistener.com/recap/gov.uscourts.mdd.589189/gov.uscourts.mdd.589189.110.0_2.pdf

#law #immigration #Trump

US District Judge Paula #Xinis ruled that #ICE must release #KilmarAbregoGarcia from custody immediately.

“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” the judge wrote. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”

#law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Judiciary #SeparationOfPowers #Trump
https://apnews.com/article/abrego-garcia-el-salvador-deportation-31160936c51932f74b717eb1143edd55?utm_source=onesignal&utm_medium=push&utm_campaign=2025-12-11-Breaking+News