In this undated photo provided by the U.S. District Court for the District of Maryland, a man identified by Jennifer Vasquez Sura as her husband, Kilmar Abrego Garcia, is led by force by guards through the Terrorism Confinement Center in Tecoluca, El Salvador. (U.S. District Court for the District of Maryland via AP)
Reuveni on Friday admitted that Garcia’s deportation was a mistake, according to the New York Times.
On Saturday, the Trump administration argued in an emergency appeal that U.S. District Judge Paula Xinis can’t force the administration to return Garcia to the U.S.
Xinis on Friday ruled that the government must make arrangements to have Garcia back in the U.S. before Monday at midnight.
The Saturday emergency appeal seeks to temporarily stay Xinis’ decision until the government has time to properly appeal the ruling.
"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," the government wrote in the emergency appeal reviewed by Fox News Digital.
The government also argued that it "does not have control over" Garcia now that he is in 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 appeal said, calling it "indefensible."
U.S. Attorney General Pam Bondi said all government lawyers are required to "zealously advocate" on its behalf. (REUTERS/Nathan Howard)
"And now MS-13 is a designated foreign terrorist organization. Foreign terrorists have no legal protections in the United States of America. And this administration is going to continue to deport foreign terrorists and illegal criminals from our nation’s interior," she added.
An immigration judge five years ago said Garcia, who came to the U.S. illegally in 2011 and asked for asylum, could not be deported to his home country, over concerns he would become a victim of local El Salvador gang members.
His request for asylum was denied, but he was given protection from deportation and ICE didn't appeal the decision.
Garcia's wife, Jennifer Vasquez Sura, who is a U.S. citizen, has vigorously campaigned for his return.
Garcia had been working as a sheet metal apprentice in Maryland and was arrested in an IKEA parking lot on March 12 while his 5-year-old son was in the car.
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His lawyers have argued the man had a Department of Homeland Security permit to work in the country, and strongly deny any gang affiliations. They also say that the government has given little evidence to back up its claim.
There was no indication how the government would comply, since he is incarcerated in an El Salvador prison under that government's custody.
Fox News' Cameron Arcand and The Associated Press contributed to this report.
https://www.foxnews.com/politics/trump-admin-suspends-lawyer-case-maryland-man-mistakenly-deported-failing-zealously-advocate