Judge halts removal of Abrego Garcia to Uganda pending legal challenge
A federal judge has ordered the Trump management to halt the deportation of Salvadoran national Kilmar Abrego Garcia to Uganda and to keep him detained in a Virginia immigration facility while he challenges his removal from the U.S.Judge Paula Xinis of the U.S. District Court for Maryland emphasized that the administration is “absolutely forbidden” from removing or relocating Abrego Garcia pending the legal proceedings. Abrego Garcia’s lawyers filed a habeas corpus lawsuit shortly after his detention, arguing that he has not been given the prospect to address his fears of persecution and torture in Uganda, the country to which the administration intends to deport him. They also requested that the government prioritize deporting him to Costa Rica instead, based on a plea deal Abrego Garcia rejected. His case received national attention after he was mistakenly deported to El Salvador in March despite a protective order and was later extradited back to the U.S. in June on human smuggling charges. Following his recent release pending trial, he was detained again by Immigration and Customs Enforcement (ICE) in Maryland. The judge has instructed both parties to agree on a schedule for further legal filings and hearings related to the case.
Judge halts removal of Abrego Garcia to Uganda pending legal challenge
A federal judge ordered on Monday that the Trump administration must keep Salvadoran national Kilmar Abrego Garcia in a Virginia immigration deportation facility as he challenges his removal from the United States.
Judge Paula Xinis of the U.S. District Court for the District of Maryland said the administration is “absolutely forbidden” from removing Abrego Garcia from the continental U.S. and may not move him from his current holding facility, pending a legal challenge by the illegal immigrant over his deportation to Uganda.
During a hearing on Monday, Xinis, who presided over a previous lawsuit filed by Abrego Garcia over his deportation to his native El Salvador despite a protective order preventing him from being deported there, did not give a specific timeline for how long the pause would last.
The federal judge ordered the Justice Department and attorneys for Abrego Garcia to agree on a schedule for filing briefs and holding a hearing to hear the illegal immigrant’s case. Xinis said she expected the joint filing by Tuesday morning.
The habeas corpus lawsuit filed by Abrego Garcia’s lawyers shortly after he was taken into Immigration and Customs Enforcement custody Monday morning accused the Trump administration of not allowing the illegal immigrant “an opportunity to be heard on his expressed fears of persecution and torture” in Uganda, where the administration said it was planning to deport him.
The lawsuit asks the federal court to order the administration to seek to deport Abrego Garcia to Costa Rica before attempting to deport him to Uganda, among other requests. Abrego Garcia’s lawyer alleged the illegal immigrant was offered deportation to Costa Rica as part of a plea deal that would have required him to plead guilty to federal charges in Tennessee. The lawyer said when Abrego Garcia rejected the offer, authorities informed him they would seek to deport him to Uganda instead.
KILMAR ABREGO GARCIA TAKEN INTO ICE CUSTODY WITH DEPORTATION PENDING
Abrego Garcia’s legal saga gained national attention after he was deported to his native El Salvador in March despite a protective order allowing him to be deported to any country except El Salvador. After months of public attention to his case, Abrego Garcia was extradited back to the U.S. in June on federal criminal human smuggling charges.
After he was released pending a trial on the criminal charges last week, Abrego Garcia was detained Monday morning at a check-in with ICE officials in Maryland.
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