Supreme Court pauses order to return mistakenly deported Maryland man | LiveNOW from FOX
April 7, 2025
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2:26Now PlayingSupreme Court pauses order to return mistakenly deported Maryland man | LiveNOW from FOX
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as posted by the channelChief Justice John Roberts has temporarily paused a Maryland judge's order to return to the U.S. a man mistakenly deported to El Salvador. A response is due to be filed by Tuesday at 5 p.m.
Government attorneys argued over the weekend that U.S. District Judge Paula Xinis didn’t have the authority to order the Trump administration to broker the return of a Maryland man who was mistakenly deported from the U.S. to a notorious El Salvador prison.
An emergency appeal over Kilmar Abrego Garcia's case was delivered to the Supreme Court late Sunday night.
The government faces a court-ordered deadline of 11:59 p.m. Monday night for Abrego Garcia's return.
Government lawyers argue that Abrego Garcia is a member of MS-13 and that they can't force El Salvador to return Abrego Garcia.
"The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding," court documents argue.
The backstory:
Abrego Garcia, a 29-year-old Salvadoran national, was arrested in Maryland and deported last month despite an immigration judge’s 2019 ruling that shielded him from deportation to El Salvador, where he faced likely persecution by local gangs.
His mistaken deportation, described by the White House as an "administrative error," has outraged many and raised concerns about expelling noncitizens who were granted permission to be in the U.S.
Dozens of supporters gathered at the Greenbelt, Maryland, federal courthouse for Friday’s hearing. A cheer erupted in the courtroom when Xinis ruled in favor of Abrego Garcia, whose wife, a U.S. citizen, was in attendance.
Xinis, who was nominated by President Barack Obama, said there was no legal basis for Abrego Garcia’s detention and no legal justification for his removal to El Salvador, where he has been held in a prison that observers say is rife with human rights abuses.
Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, said the government has done nothing to get his client back, even after admitting its errors.
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