Kilmer Abrego Garcia, who was wrongfully deported, is requesting that a federal judge in Tennessee postpone a ruling that would lead to his release in 30 days. His legal team is seeking clarity on the Trump administration’s plan regarding his expulsion.
His attorney mentioned that a delay is necessary due to the unpredictability surrounding the removal proceedings.
The Department of Justice does not oppose this request.
Abrego Garcia spent several weeks in a Salvadoran prison after being deported because of administrative errors, despite a 2019 immigration judge’s order preventing his return to El Salvador.
According to DOJ lawyers, if Abrego Garcia is released, a US Immigration and Customs Enforcement (ICE) agent will be present to meet him.
While he cannot be sent back to El Salvador, he could be deported to another country willing to accept him, and the Trump administration has been pursuing such arrangements, including with South Sudan.
He is challenging his deportation in two courts, including a federal court in Maryland, where his family initially sought his return from Salvadoran prison.
It’s uncommon to contest prison releases, as the Justice Department claims it has limited control over the specifics of his case.
Abrego Garcia was returned to the US after the Trump administration indicated it would bring trafficking charges against a man involved in a 2022 traffic stop in Tennessee, where Abrego Garcia was seen driving another individual without luggage.
A decision is anticipated in Maryland, where Justice Paula Sinis is being urged to prevent the Trump administration from deporting Abrego Garcia.
Government attorneys agreed to follow specific protocols before he could be sent to a third country, aiming to placate Sinis and avoid any actions that might occur.
Nonetheless, Abrego Garcia’s lawyers expressed that these assurances do not fully address their concerns.
“It raises a critical issue about whether my client will receive proper notice and a chance to present his case in court before being sent to an unspecified third nation,” Attorney Jonathan Cooper remarked during a hearing in Sinis’ courtroom earlier this month.
