A federal judge has stopped immigration authorities from detaining Kilmar Abrego Garcia again, just hours before he was set to check in with officials in Baltimore. The move may shape what happens next in his long-running immigration battle.
Temporary Restraining Order Granted
According to attorney Simon Sandoval-Moshenberg, the legal team filed an emergency request shortly after midnight. By 7:30 a.m., U.S. District Judge Paula Xinis granted a temporary restraining order preventing Abrego Garcia’s arrest at his scheduled check-in.
Conflicting Immigration Records
Xinis ruled Thursday that Abrego Garcia could not be held in detention because no removal order had ever been issued. But later that night, Immigration Judge Philip Taylor filed a rare decision “correcting” what he called an omission from a 2019 hearing by adding a removal order to Abrego Garcia’s record.
Judge Xinis’ Sharp Criticism
In her ruling, Xinis said Abrego Garcia had been “wrongfully detained” and re-detained without lawful authority. She argued the government’s actions did not align with the basic purpose of detention, which is to carry out removal — something officials could have done by sending him to Costa Rica, his preferred destination.
Costa Rica’s Willingness to Receive Him
Xinis noted that Costa Rica reaffirmed its longstanding offer to grant Abrego Garcia residence and refugee status. She wrote that efforts to remove Costa Rica “off the table” had backfired once the country publicly restated its commitment.
A Long and Extraordinary Case
Xinis previously blocked Abrego Garcia’s removal in August while his habeas petition was pending. That petition was granted Thursday, marking the latest development in a case the judge described as “extraordinary.”
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