Judge orders deported immigrant's return by midnight Monday (UPDATE IN DESCRIPTION)

UPDATE

U.S. District Judge Paula Xinis gave the Trump administration a new deadline of 12:00 a.m. Tuesday to bring Kilmar Armando Abrego Garcia back from El Salvador.

Chief Justice John Roberts in a brief order said Xinis’ order was stayed until the Supreme Court weighs in on the case, and that responses should be filed by 5pm on Tuesday. The Supreme Court provided no further details.

The Justice Department appealed Xinis’ order to the Supreme Court, arguing that the Maryland court no longer has jurisdiction, in part because Abrego Garcia is now in El Salvador. In a brief filed earlier on Monday, Solicitor General John Sauer wrote that the judge’s order also "interferes with sensitive international negotiations."

The U.S. Court of Appeals for the 4th Circuit panel had earlier Monday voted unanimously to deny the Justice Department's request for an emergency stay.

ORIGINAL CAPTION

The Trump administration is defending its deportation of a Maryland man who was sent to El Salvador by mistake. A U.S. District Court judge is ordering the Justice Department to bring the man back to the United States by midnight Monday.

In 2019, an immigration judge barred Kilmar Abrego Garcia from being sent back to El Salvador because he was being targeted with threats and violence. Last month, the Trump administration deported him there anyway, and later admitted it was an “administrative error.” On Sunday, U.S. District Judge Paula Xinis called the deportation “wholly lawless.” But Attorney General Pam Bondi said that Abrego Garcia is a member of the MS-13 gang and deserved to be deported.

A court order says Abrego Garcia must be returned by Monday night, but the Justice Department says it cannot and is appealing the judge’s order.