Trump administration argues judge can't order the return of man mistakenly deported to El Salvador

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Source: Associated Press, via CBS News

POLITICS
Trump administration argues judge can't order the return of man mistakenly deported to El Salvador

Updated on: April 5, 2025 / 7:35 PM EDT / AP

A federal judge did not have the authority to order the Trump administration to broker the return of a Maryland man who was mistakenly deported from the U.S. to a notorious El Salvador prison, government attorneys argued Saturday as they urged an appeals court to suspend the ruling.

U.S. District Judge Paula Xinis on Friday ordered the administration to "facilitate and effectuate" Kilmar Abrego Garcia's return to the U.S. by late Monday night. Justice Department lawyers asked the 4th U.S. Circuit Court of Appeals to immediately pause the judge's order.

"A judicial order that forces the Executive to engage with a foreign power in a certain way, let alone compel a certain action by a foreign sovereign, is constitutionally intolerable," they wrote. ... The appeals court asked Abrego Garcia's lawyers to respond to the government's filing by Sunday afternoon.

{snip}

Abrego Garcia's attorney, Simon Sandoval-Moshenberg, 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.

{snip}

Read more: https://www.cbsnews.com/amp/news/doj-argues-judge-cant-order-return-of-kilmar-abrego-garcia/

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Chris Geidner
‪@chrisgeidner.bsky.social‬

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Update: Overnight, DOJ filed a request for a stay pending appeal at the 4th Circuit, with a ruling by 5p Sunday, and an emergency administrative stay. https://storage.courtlistener.com/recap/gov.uscourts.ca4.178258/gov.uscourts.ca4.178258.3.1.pdf.

The 4th Circuit ordered a response by 2p Sunday: https://storage.courtlistener.com/recap/gov.uscourts.ca4.178258/gov.uscourts.ca4.178258.6.0_1.pdf

From DOJ:
IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
KILMAR ARMANDO ABREGO GARCIA, et al.,
Plaintiffs-Appellees,
v.
No. 25-1345
KRISTI NOEM, Secretary of Homeland Security, et al.,
Defendants-Appellants.
EMERGENCY MOTION FOR STAY PENDING APPEAL AND IMMEDIATE ADMINISTRATIVE STAY
Late Friday afternoon, a federal district judge ordered the United States to force El Salvador to send one of its citizens - a member of MS-13, no less - back to the United States by midnight on Monday. If there was ever a case for an emergency stay pending appeal, this would be it.
ALT
April 5, 2025 at 5:30 PM

https://bsky.app/profile/chrisgeidner.bsky.social/post/3lm3uure7a22v

___________

Chris Geidner
‪@chrisgeidner.bsky.social‬

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UPDATE: DOJ is appealing the order regarding Abrego Garcia to the Fourth Circuit: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.22.0.pdf

April 4, 2025 at 5:09 PM
https://bsky.app/profile/chrisgeidner.bsky.social/post/3llzdb6vcy225