As Democrats and media outlets clamor for the return of a supposedly innocent Salvadoran migrant, Kilmar Abrego Garcia, left, who was deported to a maximum-security prison in his home country, publicly available domestic violence court records cast doubt on the media narrative about his innocence. (Alex Peña/Getty Images; Fox News)
In the court’s opinion, Wilkinson repeatedly referred to Garcia as a "resident," even though Garcia is not a lawful U.S. resident.
"The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order," Wilkinson wrote.
"This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear."
KRISTI NOEM CRITICIZES 'LIBERAL LEFT' FOR TURNING ACCUSED GANG MEMBER INTO 'MEDIA DARLING'
Court documents and police records show Garcia has a history of domestic violence, including repeated physical abuse against his wife. The Department of Homeland Security (DHS) has also identified him as a member of the MS-13 gang, using the street name "Chele."
Kilmar Abrego Garcia was deported to the El Salvadoran mega prison "Terrorism Confinement Center" (CECOT) last month. (Fox News)
The court said the DOJ’s request was "extraordinary and premature" and that it would not interfere with the district judge’s efforts to carry out the Supreme Court’s decision.
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Attorney General Pam Bondi said Garcia would not be allowed back into the U.S. unless El Salvador decided otherwise. "He is not coming back to our country."
The DOJf Justice did not immediately respond to Fox News Digital's request for comment.
Jasmine is a writer at Fox News Digital and a military spouse based in New Orleans. Stories can be sent to jasmine.baehr@fox.com
https://www.foxnews.com/politics/appeals-court-denies-doj-bid-block-return-kilmar-abrego-garcia-el-salvador-prison