Immigration Case Resumes for Alleged MS-13 Member

In Washington, Kilmer Abrego Garcia, linked to the MS-13 gang, is facing a final removal order concerning undocumented immigrants. An immigration judge resumed the case on Wednesday after rejecting a request from his attorney.

Back in August, Abrego Garcia’s legal team asked for the case to continue, citing fears of “immediate removal to Uganda” after the Department of Homeland Security (DHS) indicated he might be deported to an African nation.

Judge Philip Taylor pointed out in his opinion that the term “may” in this context is quite permissive. He mentioned that the notice sent to Abrego Garcia’s lawyer showed that the department reserved the right to deport him to Uganda.

His attorneys claimed that Abrego Garcia had the right to seek asylum in the U.S. since he could face persecution in El Salvador. They argued this, considering he faced federal trafficking charges in Tennessee earlier in the year.

However, Judge Taylor found it “too early” to grant the motion, noting it was filed nearly six years after Abrego Garcia’s initial illegal entry lawsuit.

In the August submission, the legal representatives argued that he might face torture or death from the Salvadoran government due to public declarations linking him to MS-13.

Yet, the judge dismissed this point, labeling the evidence as “inadequate.” Taylor remarked that the available information didn’t show that authorities believed he or other deportees were affiliated with the gang. He noted that prison officials had interrogated Abrego Garcia about potential gang involvement, even photographing his tattoos, but did not mistreat him during questioning.

The DHS supported the ruling, asserting that as per the decision, Abrego Garcia’s removal order stands. They emphasized that despite attempts by his legal team to contest his removal from the U.S., it’s clear this Salvadoran individual would not be allowed to remain.

Earlier this year, Abrego Garcia made headlines after being deported to El Salvador in March. He previously obtained a “withholding of removal” order in late 2019 to prevent his return, based on fears of persecution. Court documents indicated that he had illegally entered the U.S. in 2012, claiming to be threatened by rival gang members.

Some Democratic lawmakers have expressed interest in Abrego Garcia’s case, attempting to highlight the situation. The U.S. government brought him back in June, but he faced further legal challenges.

Currently, he is being held in a Pennsylvania facility, having been transferred from Virginia after immigration officials detained him due to concerns surrounding a family member in Maryland with a pending human trafficking case.

On Wednesday, the Department of Justice filed a motion to delay all deadlines for Abrego Garcia’s deportation due to impending government shutdowns. A hearing on this evidence was scheduled for Monday.