The U.S. government's appeal of a lower court's ruling that requires it to return a Maryland man who was mistakenly deported to El Salvador was denied on Monday.
Unless the U.S. Supreme Court steps in, the government has an 11:59 p.m. deadline to bring Kilmar Abrego Garcia back to the U.S.
Federal Judge Paula Xinis ruled Friday that Abrego Garcia was apprehended "without legal basis" and removed to El Salvador illegally, "without any legal process."
In a filing with the U.S. Court of Appeals for the Fourth Circuit, the Department of Justice claims the lower court erred in its ruling.
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"The United States does not have control over Abrego Garcia. Or the sovereign nation of El Salvador. Nevertheless, the court’s injunction commands that Defendants accomplish, somehow, Abrego Garcia’s return to the United States in give or take one business day," the filing says.
However, the Appeals Court denied the motion.
"The United States Government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process," the court said in its order. "The Government’s contention otherwise, and its argument that the federal courts are powerless to intervene, are unconscionable."
Meanwhile, the DOJ has placed the lawyer who was arguing the case on the government's behalf on administrative leave.
“At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences," Attorney General Pam Bondi said in a statement.
Abrego Garcia was deported on March 15 as the U.S. sent three planes from the U.S. to El Salvador. The government claimed the planes were filled with members of the Tren de Aragua and MS-13 gangs.
However, an acting field office director with U.S. Immigration and Customs Enforcement stated in a court filing that Abrego Garcia should not have been placed on the flight, noting the removal was due to an "administrative error."
Abrego Garcia was arrested in 2019 at a Home Depot, accused of being involved with the MS-13 gang. However, he denied the allegations, and an immigration judge ruled in his favor, preventing his deportation. The government did not appeal the judge's decision.
