A federal district court in Maryland will hold a status conference Monday morning in the case of Kilmar Abrego Garcia, a Salvadoran man who was wrongfully deported to El Salvador last March before being returned to the U.S. in June to face human smuggling charges in Tennessee.
Deportation Halted by Court
Although the government was barred from deporting Abrego Garcia to El Salvador, it is now seeking to remove him to another country, including Uganda or Eswatini. Judge Paula Xinis has temporarily prohibited the government from removing him from the continental United States.
Impact of Government Shutdown
Citing the federal government shutdown, Justice Department attorneys have requested to pause all case deadlines. Assistant Attorney General Brett A. Shumate wrote that DOJ staff cannot work during the shutdown except in emergencies involving safety or property.
Abrego Garcia’s attorneys are urging the court to reject the request and release him from detention, arguing that the government’s indefinite delays show “no significant likelihood” of removal in the near future.
Detention and Legal Proceedings
Abrego Garcia is currently detained at the Moshannon Valley Processing Center in Pennsylvania. After his return to the U.S., a Tennessee judge released him to his brother’s custody in Maryland, but ICE later detained him again during a check-in at their Baltimore field office.
His defense team in Tennessee has filed a motion to dismiss the smuggling case, alleging prosecutorial vindictiveness. A judge found there was a “realistic likelihood” of government misconduct and granted discovery and a hearing, set for October 10 in Nashville.
Immigration Ruling
In a separate ruling, an immigration judge denied Abrego Garcia’s bid to reopen his original immigration case. His lawyers argued that his deportation and return restarted the asylum clock, but the judge disagreed, closing that legal avenue for now.
For the latest on immigration policies and key cases, stay tuned to Que Onda Magazine.