Kilmar Abrego Garcia is seen wearing a Chicago Bulls hat in this handout (Abrego Garcia Family/Handout via Reuters)
Department of Justice attorneys told the court his deportation to the prison was a mistake, but they insisted for months that the Trump administration could not reverse the error because it had no control over El Salvador.
Abrego Garcia's attorneys argued their client, an alleged member of the MS-13 gang, had not received sufficient due process. A lower court and the Supreme Court agreed and ordered the Trump administration to "facilitate" Abrego Garcia's return so that his case could be handled in a manner consistent with immigration laws.
The lower court judge, Obama appointee Paula Xinis, ordered the Trump administration in April to return Abrego Garcia as quickly as possible and to inform Abrego Garcia's family, through depositions and other discovery, of all the steps it was taking to facilitate his return.
FEDERAL JUDGE ALLEGES 'WILLFUL AND BAD FAITH REFUSAL' TO COMPLY IN ABREGO GARCIA DEPORTATION CASE
A courtroom sketch of Kilmar Abrego Garcia as he listens to court arguments during his hearing in Tennessee on June 6, 2025. (Paul Collins)
Abrego Garcia's attorneys suggested Xinis sanction Trump officials involved in the alleged court defiance with hefty fines, civil contempt of court, and by requiring they pay back court fees.
On June 6, the DOJ announced a grand jury indictment against Abrego Garcia, charging him with three counts of trafficking illegal immigrants and conspiracy. The defendant made an initial appearance in court in Tennessee soon thereafter, marking the first sighting of him in the United States since he was deported to El Salvador.
DOJ attorneys told Xinis they plan to ask her in the coming days to toss out the Maryland civil case entirely, because now that Abrego Garcia is back in the country, the case is moot.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
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