U. S. District Judge Paula Xinis, an Obama appointment, rejected the government’s argument that it could not take up Kilmar Abrego Garcia to the United States by later Monday night.
” Neither the United States nor El Salvador have told people why he was returned to the very land to which he cannot returning, or why he is detained at CECOT”, Xinis wrote, in reference to the jail.
” That solitude is telling”, she continued. ” As Plaintiffs acknowledge, they had no constitutional authority to arrest him, no explanation to detain him, and no basis to take him to El Salvador —let only deliver him into one of the most dangerous prison in the American Hemisphere”.
Xinis, a district judge in Maryland, said that” to avoid obvious catastrophic harm, and because equity and justice compels it, the Court grants the narrowest, believe simply, relief warranted: to get that Defendants return Abrego Garcia to the United States”.
Xinis ruled on Friday that the administration must gain Abrego Garcia, a Peruvian regional with secured legal status. He was falsely deported despite an immigration court’s 2019 decision that shielded him from repatriation to the state, where he faced good persecution by local gangs. The Trump administration had argued that Xinis did not have the authority to order the Trump administration to broker his return.  ,
Abrego Garcia was arrested in Maryland and deported in March.
Xinis, in her Sunday order, claimed that the prison in El Salvador “intentionally mixes rival gangs” and said labeling him MS-13 has left him at risk of reprisal. She added that the prison in El Salvador is known to deprive prisoners of food, water, and shelter and “fosters routine violence” . ,
” Defendants seized Abrego Garcia without any lawful authority, held him in three separate domestic detention centers without legal basis, failed to present him to any immigration judge or officer, and forcibly transported him to El Salvador in direct contravention of the INA”, Xinis wrote, referring to the Immigration and Nationality Act.
JUDGE ORDERS TRUMP OFFICIALS TO RETURN MISTAKENLY DEPORTED MARYLAND MAN
Abrego Garcia’s lawyer has said the government has done nothing to get his client back, even after admitting its errors.
” Plenty of tweets. Plenty of White House press conferences. But no actual steps taken with the government of El Salvador to make it right”, he told the judge on Friday.
