They have until Monday night to bring him home or cause a huge constitutional confrontation.
https://www.nytimes.com/live/2025/04/04/us/trump-news-updates#trump-deportations-maryland-man-el-salvador A federal judge gave the Trump administration until the end of Monday to return to the United States a Maryland man who was inadvertently deported to El Salvador last month despite a court order allowing him stay in the country. In a ruling from the bench on Friday, the judge, Paula Xinis, said that administration officials had acted without “legal basis” last month when they arrested the man, Kilmar Armando Abrego Garcia, and put him on a plane — with no due process — to a notorious Salvadoran prison. The decision by Judge Xinis, which came during a hearing in Federal District Court in Maryland, was a sharp rebuke to the Trump administration. In court papers filed this week, administration officials had said there was little they could do to get Mr. Abrego Garcia back from El Salvador, even after acknowledging that his deportation on March 15 had been a mistake. The White House has not reacted to the judge’s ruling. President Trump and some of his top aides have repeatedly and aggressively attacked other federal judges who have questioned their attempts to carry out their deportation policies. The case of Mr. Abrego Garcia, a Salvadoran migrant whose wife and three children are U.S. citizens, has become the latest flashpoint in a multifront battle between immigration lawyers and the White House, which has been ramping up deportations using both traditional and highly unusual methods. The case has also put a spotlight on efforts by the administration to use accusations that migrants are members of violent street gangs as a way to accelerate their removal from the country. In court filings, the Justice Department has accused Mr. Abrego Garcia, 29, of belonging to a transnational gang with roots in El Salvador called MS-13. But officials have offered only limited evidence to support their claims, and Mr. Abrego Garcia has denied them. During the hearing on Friday, Judge Xinis expressed skepticism about any ties Mr. Abrego Garcia has to MS-13, noting there was little proof that he belonged to the gang. “In a court of law, when someone is accused of membership in such a violent and predatory organization, it comes in the form of an indictment, complaint, criminal proceeding — a robust process, so we can address the facts,” Judge Xinis said. “I haven’t yet heard that from the government.” |
And even the DoJ lawyer agrees the administration is full of it . . .
https://www.nbcnews.com/news/us-news/man-trump-accidentally-sent-el-salvador-hearing-rcna199582?cid=sm_npd_nn_tw_ma&taid=67f030af897a3b00016accaf&utm_campaign=trueanthem&utm_medium=social&utm_source=twitter “I will say for the court’s awareness that when this case landed on my desk, the first thing I did was ask my client the same question,” the lawyer, Erez Reuveni, said. “I have not yet received an answer that I find satisfactory.” Reuveni conceded that Garcia “should not have been removed" and told U.S. Judge Paula Xinis he did not know why Garcia was ever arrested. “You’re not going to like my answer to a lot of this," Reuveni said. "I am also frustrated that I also have no answers for you on a lot of these questions.” “The absence of evidence speaks for itself," he later added. Reuveni asked Judge Xinis to give the government "one more chance to do this without court superintendence." "Give us 24 hours to get him back, Reuveni said. "That was my recommendation to my client but that hasn't happened" Garcia’s attorney, Simon Sandoval-Moshenberg, replied: “If Mr. Abrego Garcia can be produced in this court on Monday, we are happy to accept that. Given the manner they’ve chosen to litigate this case, it doesn’t appear they’re taking it seriously.” Judge Xinis then called the court into a brief recess. When the hearing restarted, the judge ultimately decided that the government's time had run out. "This case is certainly important to Mr. Abrego Garcia and his family," he said. "I can't wait on giving my order. I will write a formal opinion." |
Fwiw, the US wrongfully removes enough people that they have a routine way to bring them back. This isn't more worse than other mistakes - it's just playing out more publicly and with more lack of cooperation between ICE and DOJ than usual. As well as the unusual involvement of the WH and "state secrets". |
The mistake they have admitted is sending him to El Salvador. Deporting him is not wrongful. |
^ And the dubious invocation of the AEA and lack of due process and sending these people to a foreign prison. Those are unusual. But the retrieval is wrongfully removed person, that's not unusual, in the grand scheme. |
He literally had a withholding of removal to El Salvador. And we literally removed him to El Salvador. That's really bad. The DOJ lawyer knows how bad that is, even if you think it's no biggie. |
The only way this stops is if a judge hauls Bondi, Noem and Homan in and tells them in no uncertain terms to cease this behavior and clearly explains the consequences if they don't. At a minimum, the Florida Bar will look unkindly at Bondi's disregard for a direct order from a federal judge. |
Bondi has until Monday to retrieve him. Hopefully she has her phone on her right now while she's shopping. |
Thanks for sharing this- |
He 29 has a wife (us citizen) wife and three kids (us citizens)? I have so many questions.
Do they live together? Are they all naturally his? Are they from another man (Did they have a surrogate, etc etc) ? So … three young kids in the US— How long was he in the court process? Must be three to four years then? How bizarre. He is a very active young man. |
I don’t understand why they just didn’t “find” something else on him. That’s how it plays out elsewhere |
Ah a snitch. So the judge will see that evidence: that is not enough to deport him under federal law? |
You missed the part where’s there is no need for due process if you do not commit a crime |
Oh, you precious dumb dumb … Due process is the essential framework utilized to determine whether you actually committed a crime. Without the protections afforded through due process, you would be incarcerated for having molested all those young children over the years. Who needs due process, an untested accusation is proof enough, right? See how that works, (moron)? |
You are very stupid |