Judge Orders Ăbrego GarcĂa Release After Months of Unlawful ICE Detention
America Äą By Rihem Akkouche
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A Maryland federal judge on Thursday ordered the immediate release of Kilmar Ăbrego GarcĂa, ruling that the U.S. government violated both due process protections and federal immigration law by keeping him in prolonged immigration detention without a lawful removal order. The decision brought a dramatic halt to a months-long saga marked by legal missteps, diplomatic dead ends, and a detention strategy that Judge Paula Xinis said had âcollapsed under its own weight.â
A Detention With No Legal Anchor
Ăbrego GarcĂa, a Salvadoran national, was wrongfully deported in March and later returned to the United States to face federal human smuggling charges. Yet despite his reentry, the Trump administration never issued the removal order required to hold him. Judge Xinis noted that the government continued detaining him anywayâan act she ruled unconstitutional.
Federal officials had insisted they were holding Ăbrego GarcĂa in order to remove him to a third country, a strategy that Judge Xinis said ultimately unraveled. The administration attempted to deport him to several African nations, most recently Liberia, even though Ăbrego GarcĂa repeatedly requested removal to Costa Rica.
Judge Rejects Governmentâs Third-Country Plan
Judge Xinis said the governmentâs argument âfell flatâ when it became clear that no African country ever agreed to take him, while Costa Rica confirmed it was willing to accept his return. She wrote that ICE had kept him detained âabsent a lawful removal order,â and the governmentâs months of inconsistent conduct undermined the claim that his detention served any legitimate removal purpose.
âBecause Ăbrego GarcĂa has been held in ICE detention to effectuate third-country removal absent a lawful removal order, his requested relief is proper,â she concluded, adding that the governmentâs actions showed his detention âhas been for something other than effectuating removal.â
Legal Teams on Both Sides
Ăbrego GarcĂa is represented by Simon Sandoval-Moshenberg and Rina Gandhi of Murray Osorio PLLC, along with a large legal team from Quinn Emanuel Urquhart & Sullivan LLP, including Stephen E. Frank, Jonathan G. Cooper, Olivia Horton, Andrew J. Rossman, Sascha N. Rand, K. McKenzie Anderson, Samuel P. Nitze, Courtney C. Whang, Roey Goldstein, Sam Heavenrich and Morgan L. Anastasio.
The U.S. government is represented by Drew Ensign, Ernesto Molina and Jonathan D. Guynn of the U.S. Department of Justice.
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