Judge slams brakes on deportation, grants Kilmar Abrego Garcia a temporary reprieve until October

A federal judge has temporarily stopped the Trump administration from deporting Kilmar Abrego Garcia until at least early October. Judge Paula Xinis said on Wednesday she will extend a temporary restraining order blocking his removal until his latest deportation case is decided in court, as per the reports.

The judge set an evidentiary hearing for Oct. 6 to examine Abrego Garcia's case about being potentially deported to Uganda. Judge Xinis said she will issue a ruling within 30 days after the Oct. 6 hearing. Abrego Garcia is currently in a detention center in Virginia, and the judge said he must stay within 200 miles of the court in Maryland, as reported by abc News.

Immigration custody rules

The judge will not release him from immigration custody, stating that decision must be made by an immigration judge. On Monday, Abrego Garcia's lawyers asked to reopen his immigration case and apply for asylum. Abrego Garcia is from El Salvador and had been living in Maryland with his wife and children.


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He was deported in March to El Salvador’s CECOT mega-prison, even though a 2019 court order barred deporting him there due to fear of persecution. The Trump administration claimed he was a member of the gang MS-13, which his family and lawyers deny. He was brought back to the U.S. in June to face charges in Tennessee for allegedly transporting undocumented migrants, while living in Maryland, as reported by abc News.

Asylum request and court motion

He pleaded not guilty to the Tennessee charges. After being released on Friday while awaiting trial, he was taken into immigration custody on Monday at the ICE office in Baltimore. He was then transferred to a detention center in Tennessee, where authorities said he could be deported to Uganda, as per the reports.

His attorneys filed an emergency motion to reopen his immigration case so he can apply for asylum, arguing he is eligible within one year after being deported and returned to the U.S. The lawyers also said the case should allow Abrego Garcia to choose Costa Rica as the country of removal if deportation happens, as mentioned in the report by abc News.

FAQs

Q1. Why was Kilmar Abrego Garcia not deported immediately?
A federal judge temporarily blocked his deportation until his court case was resolved.

Q2. Can Kilmar Abrego Garcia apply for asylum now?
Yes, his lawyers filed a motion to reopen his case so he can apply for asylum within one year of returning to the U.S.