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.
👀 Judge Xinis ordered Kilmar Abrego Garcia’s release in part bc ICE could not produce a final “order of removal” to deport him. So last night, they went out and got an immigration judge to issue one.
Now, Abrego is urging Xinis to block his redetention. https://t.co/vjryfL9LzJ pic.twitter.com/MNkHJaG0Wg
— Kyle Cheney (@kyledcheney) December 12, 2025
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).
And Xinis granted the emergency order https://t.co/gBa0Ik0J3I pic.twitter.com/n0M6TX2tk8
— Kyle Cheney (@kyledcheney) December 12, 2025
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.
Kilmar Abrego-Garcia walks out of Baltimore ICE facility as a free man.
STORY: https://t.co/qCXq9f2vsi pic.twitter.com/GMpLanca7a
— FOX Baltimore (@FOXBaltimore) December 12, 2025
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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).
Branca likely will touch on it
https://www.youtube.com/watch?v=GGPpCSBvWqg
I didn’t hear him say anything about that particular bit. (I might have missed it. And I didn’t listen to the whole thing.)
Short format show. I didn’t hear that particular case or any authorities except that the final order was embedded in other litigation
When members ask questions he usually replies
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?
I’m confused, did the last minute detention order not work? Is he now free?
Judge Xinis granted the TRO so that she can “further review the case” (or something like that) and Garcia has now been released and cannot be re-detained pending that review and her final decision.
so she can over rule the immigration court which issued a removal order?
Yeah, that’s the part I don’t get. She said the government hasn’t issued a final removal order and can’t just keep him in jail forever which kinda makes sense in a “crap or get off the part” sense. What doesn’t make sense is that the government got one and she just said too bad. Why is this clown still in the US?
Made a mistake in reading the order. She didn’t grant the TRO request. All she did was prohibit Garcia’s re-arrest pending a review of the case and then scheduled a briefing and hearing before making a decision on the TRO request. Xinis hasn’t decided on the TRO request yet but will after the briefing and hearing on the matter.
But in effect it is a TRO – the government cannot act on its final removal order.
Of course, my recollection is the immigration court issued a final removal order years ago, the immigration just stipulated it couldn’t be to his home country.
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.
Don’t be fooled. Someone wrote that speech for him to ensure that he had all the right talking points.
This is beyond insane
America has fallen
as Nero fiddled, so does Trump!
Perhaps it’s time to human traffic this dude.
I say we send to Venezuela. In a cigar boat.
I say we send to Venezuela. In a cigar box.
FIFY.
All this fuss about a foreign gangbanger. Is he Obama’s boy toy when he is in a rough trade mood?
I laughed out loud at this
Are you kidding? Barack is a bottom bit*h with Big Mike alternating between riding that @ss and pimping it out.
https://www.youtube.com/watch?v=GGPpCSBvWqg
“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?
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.
Getting a tattoo and sipping margaritas all day only applies to lazy, shiftless illegals, government employees, and politicians.
Sorry for the redundancy.
If Garcia fails to keep his nose squeaky clean, I predict that Paula Xinis won’t last the month.
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.
Feel free to propose a constitutional amendment. You’ll need 2/3 of each house to agree, followed by majorities in both chambers of 38 state legislatures, plus (in most of those states) the governors. That’s impossible without strong bipartisan support.
Her “lifetime appointment” wouldn’t interfere with my prediction,
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?
I think at this point, impeachment is the only option to get that power hungry harpy off the bench.
The original item that came to her was a writ of habeas corpus, which goes to an Article I court, while immigration courts are Article II.
If Trump had a backbone, he would take Sen Kelly’s advice and refuse to obey illegal directives
Immigration “judges” are not real judges; they are part of the executive branch, working for the president, and are subject to the law and the constitution as interpreted by the real courts.
The administration should tell her to stay in her fkin lane.
He’s wearing that Bulls cap, which is part of his gang colors, as an F-You to everyone. Kick his punk @ss out.
Why was he not given a final order of removal which if I remember right, he was already given years ago? Why is he just sitting in jail with no action by the government. The government dropped the ball on this one.
Okay. I have an idea. We tell the democrats and the judge (but I repeat myself) that Garcia is a Jew. His ass will be shot out of here faster than you can say Goebbels.
This is insane! We are going to spend millions deporting this one guy.