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Judge Rules Abrego Garcia Can Stay in U.S. During Immigration Proceedings

Judge Rules Abrego Garcia Can Stay in U.S. During Immigration Proceedings

The judge also demanded “more written legal arguments from the Justice Department and Abrego Garcia’s attorneys.”

US District Judge Paula Xinis ruled that Kilmar Abrego Garcia can stay in the country during his immigration proceedings.

The alleged MS-13 gang member, wife beater, and human trafficker turned himself in to ICE this morning, knowing he faced deportation to Uganda.

Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, filed a lawsuit to block the deportation.

Xinis said President Donald Trump’s administration could continue immigration proceedings against Abrego Garcia.

But the administration was “absolutely forbidden at this juncture” to remove Abrego Garcia.

The judge also demanded “more written legal arguments from the Justice Department and Abrego Garcia’s attorneys.”

The evidentiary hearings with witnesses will likely happen within days.

Abrego Garcia became national news after the left and Democrats went insane after President Donald Trump’s administration deported him to El Salvador.

Their love for this “Maryland father” never died, even after evidence emerged of him trafficking humans and abusing his wife.

The administration brought back Abrego Garcia, but detained him in Tennessee on charges of human trafficking.

Abrego Garcia returned to Maryland after U.S. Magistrate Judge Barbara Holmes released him into the custody of his brother ahead of a trial for human trafficking.

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Comments

destroycommunism | August 25, 2025 at 5:04 pm

anyone who commits a crime in the usa should first serve time in our prison

as the go back to their home there is no guarantee that they will serve time for their crimes

we pay our tax money to keep criminals locked up and as important, to be punished via loss of freedom(s)

I know lefty cringes at that
but their time will come when they too serve their proper sentencing(s)

This is insane.

    I thought District Court judges lack jurisdiction for immigration deportation orders. Don’t those have to go straight to the Court of Appeals?

      Dave in reply to EBL. | August 25, 2025 at 10:15 pm

      100% correct, as SCOTUS already ruled in the AEA case of the Venezuelans. Federal judges have no jurisdiction over deportations when the Board of Immigration Appeals has upheld a final deportation order.

        diver64 in reply to Dave. | August 26, 2025 at 5:50 am

        Plus he has already gone through the entire thing and been ordered removed. I don’t understand what “due process” this guy deserves at this point. This judge needs to be slapped down hard.

Doubling down on dumb

Now remove Judge Paula Xinis as a warning to the others.

Take him to Uganda, put him off the plane, and put a bullet in his left ear. Then call the judge and tell her that the wife beating human trafficker won’t be able to make his trial. He has a previous engagement with a hole in the ground.

    xleatherneck in reply to Kevin. | August 25, 2025 at 6:29 pm

    -Who’s this
    -This is Vinny
    -Vinny, what happened
    -We had a problem, and um, we tried to do everything we could
    – what do mean
    – Well, you know what I mean, he’s
    gone, and we couldn’t do nothing
    about it
    – What do you mean
    -He’s gone…..

E Howard Hunt | August 25, 2025 at 6:19 pm

Send Maryland Man to a prison on the west coast with the provision he be transported in a U-Haul, pull behind, driven by that u-turning Paki, supplied only with a dog eared Rand McNally and a hash pipe.

2smartforlibs | August 25, 2025 at 8:00 pm

Deportable is still his status.

Doesn’t this guy have a final removal order which was suspended based on his fear of return his own Nation? Seems pretty straightforward. Renew the order specifying no removal to his home Nation and deport his ass to Uganda or wherever else. Sucks for him but just b/c your afraid to go home doesn’t mean you can stay here. Like a bar at closing time …Get out, don’t hafta go home but can’t stay here.

Bottom line is he has zero right to continue his existence in the USA, he has zero right as an illegal alien to continue living in the the USA …if the wokiesta leftists don’t want to send him home and now object to sending him someplace else…that seems like a very bad situation the wokiestas are putting him into.

Get rid of him. This is ridiculous.

So, a speedy immigration proceeding to address the habeus corpus and on his way.

“I don’t have room on my docket for at least a week.”
“OK, well we don’t want to deny him his rights, so you need to make it tomorrow at 11am, or we walk his ass to the plane. Oh, and it will need to be in front of another judge – your name is in the ledger.”

(Untouchables reference)

The sole basis in these District Courts orders that he not be deported is that they want to keep him here for his criminal trials.

If DOJ drops the charges against him, then these judges will have no say and they can deport.

He still has a final deportation order, subject only to the restriction that the destination can’t be his home country El Salvador. SCOTUS has, this year, upheld deportation to third party countries.

SCOTUS also upheld deportations under the alien enemies act, subject only to their newly invented requirement that the anyone to ge deported be given the chance to file Habeas Corpus (basically, a 24 hour wait after arrest).

Question is, what does DOJ really want? Do they just want him deported, or are they now looking for a conviction on the human smuggling charge first? Seems the latter but only if he remains in custody throughout the trial.

Given the choice between having him walking about free while the trial is in progress vs finding some way to deport him, I’d bet he ends up in Uganda. If the judges let them keep him in prison, then they’ll go for the criminal conviction.

There’s an angle that the administration could take that no one is talking about.

The old immigration judge’s order that he not be deported to Wl Salvador was not based on any ckaim of fear of political persecution by the government there.

Rather, he claimed retribution from rival street gangs. Bukele obliterated those gangs in 2019. They don’t exist any more.

So, why not get an immigration judge to vacate that order?

    AF_Chief_Master_Sgt in reply to Aarradin. | August 26, 2025 at 5:09 am

    Why even do that? Just deport his ass.

    The judge made her ruling. The Supreme Court said district courts have no jurisdiction over deportation. Deport him.

    The judge can claim he has a right to be here during those proceedings. Yep. He has a right.

    But criminals are convicted in absentia all the time. Deport. Now!

It’s not going to end whatever the Supreme Court says, the Commassar Judges should be ignored.

If the ruling last week out of the Supreme Court was a warning to District Judges about ignoring SCOTUS and it was a very strong one, when this gets to appeal they are going to be very, very unhappy with this judge. Bondi needs to move to have this clown impeached. A judge that ignores the law cannot remain on the bench

American Human | August 26, 2025 at 11:54 am

How much money has been wasted on this guy? Does anyone really care where “Maryland Dad” ends up? Haven’t there been dozens of court cases proving
1 – He’s part of MS13
2 – He’s involved in human trafficking
3 – He’s a wife beater
4 – He’s here illegally?

Why does there need to be ANOTHER court hearing?

    henrybowman in reply to American Human. | August 26, 2025 at 12:43 pm

    For the same reason that any time a Democrat loses an election, he has to have as many recounts as he wants.
    Until he wins.
    Then all recounts STOP, you fascist.

    You don’t even have to bring any of that up. This guy went through all the appeals and hearings before he had a final order of removal. That is the end of it.