Demonstrators gather in Boston, cheering and chanting slogans during the nationwide "Hands Off!" protest against US President Donald Trump and his advisor, Elon Musk. (Photo by JOSEPH PREZIOSO/AFP via Getty Images) (Getty Images)
Roberts ordered the case stayed "pending further order of the undersigned or of the Court," and asked for a response from plaintiffs by Tuesday night.
Lawyers for Abrego Garcia responded immediately.
In a reply brief filed to the Supreme Court, lawyers for Abrego Garcia noted the extraordinary circumstances surrounding his deportation.
"This case is one of one," they told the court.
"It presents the ‘extraordinary circumstances’ of the Government conceding that it erred in removing Kilmar Armando Abrego Garcia ‘to a foreign country for which he was not eligible for removal,'" they added.
"Abrego Garcia has never been charged with a crime, in any country. He is not wanted by the Government of El Salvador," they said. "He sits in a foreign prison solely at the behest of the United States, as the product of a Kafka-esque mistake."
APPEALS COURT BLOCKS TRUMP ADMIN'S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT
Prison officers stand guard a cell block at maximum security penitentiaryon April 4, 2025 in Tecoluca, San Vicente, El Salvador. (Photo by Alex Peña/Getty Images) (Alex Peña/Getty )
The eleventh-hour intervention from Roberts comes as the Trump administration has come under intense scrutiny for its deportation flights to El Salvador, which sent roughly 261 migrants, including more than 100 Venezuelan nationals targeted for immediate removal under the 1798 Alien Enemies Act, last month.
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The legality of using a wartime immigration law to immediately deport Venezuelan nationals from the U.S. is also being considered by the Supreme Court separately. A ruling in that case is expected in the coming days.
This is a breaking news story. Check back soon for updates.
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/supreme-court-freezes-order-return-man-from-el-salvador-prison