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Judge Blocks ICE From Taking Kilmar Abrego Garcia Back in Custody

Judge Blocks ICE From Taking Kilmar Abrego Garcia Back in Custody

Of course the judge granted it.

Kilmar Abrego Garcia asked Judge Paula Xinis to block ICE from taking him back into custody.

Of course, Xinis granted Abrego Garcia’s request:

As a preliminary matter, the Court allows for the possibility that Respondents do not intend to violate this Court’s order at ECF No. 111 by taking Abrego Garcia into custody this morning. After all, even with the new “order” issued by the IJ, Respondents also issued an “Order of Supervision” which not only contemplates the IJ’s new “order,” but also sets release conditions like those imposed in the Tennessee Criminal Matter. ECF No. 112-1. But if the Court is wrong, and Respondents do intend to re-detain Abrego Garcia, the Court GRANTS the TRO Motion because Abrego Garcia has carried his burden on all four factors articulated in Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008).

A huge crowd greeted Abrego Garcia:

Ahead of the check-in, Abrego addressed a crowd of supporters outside the courthouse in Spanish.

“I stand before you as a free man, and I want you to remember me this way, with my head held up high,” Abrego said. “I stand here today with my head held up high, and I will continue to fight and stand firm against all the injustices this government has done upon me.”

“Regardless of this administration,” Abrego said, “I believe this is a country of laws. and I believe that this injustice will come to an end.”

On Thursday, Xinis ordered the Trump administration to release Abrego Garcia from detention because no final order of removal exists to deport him.

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Comments

Could we get more analysis? Particularly as relates to Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008).


 
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scooterjay | December 12, 2025 at 9:20 am

Can we stop with human pawns and just go straight to the fight?

He has a lot of competition in the “news” cycle. Is anyone, besides the media, even paying attention to this guy?


 
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inspectorudy | December 12, 2025 at 9:38 am

I’m confused, did the last minute detention order not work? Is he now free?


 
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Dimsdale | December 12, 2025 at 9:41 am

This guy is all about spouting “the law” when it advantages him, but when it disadvantages the country, he and the Dems fight it tooth and nail or flat out ignore it.

This is beyond insane

America has fallen

Perhaps it’s time to human traffic this dude.


 
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E Howard Hunt | December 12, 2025 at 9:58 am

All this fuss about a foreign gangbanger. Is he Obama’s boy toy when he is in a rough trade mood?

“Will no one rid me of this troublesome priest?” – Henry II of England

What a hero, this Maryland dad, who can stand with George Floyd in the annals of Democratic lore.

Is another “margarita summit” with Van Holen in process?


     
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    Paula in reply to MAJack. | December 12, 2025 at 1:22 pm

    Van Hollen has already submitted a bill to make Kilmar Garcia’s birthday a national holiday. Everyone is encourage to get a gang tattoo and sip margaritas that day.


       
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      AF_Chief_Master_Sgt in reply to Paula. | December 12, 2025 at 2:43 pm

      Getting a tattoo and sipping margaritas all day only applies to lazy, shiftless illegals, government employees, and politicians.

      Sorry for the redundancy.


 
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henrybowman | December 12, 2025 at 1:06 pm

If Garcia fails to keep his nose squeaky clean, I predict that Paula Xinis won’t last the month.


     
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    Gremlin1974 in reply to henrybowman. | December 12, 2025 at 2:30 pm

    Pfft, never happen. This judge is one of the best reasons that “Lifetime appointments” need to be done away with. These judges should at least have to be reviewed every 10 years by the Judiciary committee.


 
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Gremlin1974 | December 12, 2025 at 2:28 pm

Ok, so let me see if I understand this.

The judge issuing all these orders is not an immigration judge? Which means the power for her to make these decisions has been specifically removed from her jurisdiction and given to the Immigration courts.

So it would seem to me that since an actual immigration judge gave the order of removal that her order to basically ignore the Immigration Judge’s order is not only ignorant but unlawful. I wonder if the immigration judge could hold her in contempt?

The administration should tell her to stay in her fkin lane.

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