US federal judge orders return of man mistakenly deported by government

A federal judge ruled on Friday that the US must bring back Kilmar Armando Abrego Garcia, a Salvadoran national who was mistakenly deported to El Salvador last month, CNN reported.

Judge Paula Xinis of the US District Court in Maryland directed federal authorities to ensure his return to the US by 11:59 PM on April 7.

The ruling comes after the Trump administration admitted in a court filing that it had mistakenly deported Abrego Garcia, a father of three, due to an "administrative error." However, officials stated they could not facilitate his return because he was in Salvadoran custody. This marked a rare acknowledgment from the administration of a mistake related to its recent deportation flights to El Salvador, which are currently embroiled in a contentious legal battle.

“This case is certainly important to Abrego Garcia and his family,” Judge Xinis remarked. “In recognition of that, I feel like I can’t wait on giving my order.”

Throughout the hearing, Judge Xinis expressed concerns about Abrego Garcia’s removal to El Salvador, noting that an immigration judge had previously granted him withholding of removal, indicating he could face persecution if sent back to his home country. She emphasized that he was apprehended and deported "without legal basis," calling the action an “illegal act.”

“Congress said you can’t do it, and you did it anyway,” Xinis asserted.

During the proceedings, Department of Justice attorney Erez Reuveni acknowledged the arguments made by Abrego Garcia’s legal team, stating, “Our only arguments are jurisdictional… he should not have been sent to El Salvador.”

Xinis, an appointee of former President Obama, questioned the government's inability to return Abrego Garcia, particularly in light of the US’s USD 6 million contract with the El Salvadoran prison facility known as the Center for Terrorism Confinement. “Why can’t the United States get Mr. Abrego Garcia back?” she asked.

Reuveni admitted to the judge that he had sought clarity from the government on this matter but had not received a direct answer. “All of this points to functional control, and if the United States, as a contracted party, can have functional control of the placement, they certainly have the functional control of the return,” Xinis noted.

Reuveni expressed his frustration over the lack of information, stating, “The United States can’t call someone in El Salvador, have them pick up the phone and say, ‘give us our guy back.’”

Simon Sandoval-Moshenberg, Abrego Garcia’s attorney, urged the court to order his client’s return, emphasizing that he was not asking for "micro-managing" but rather that the government be “put on a leash” to ensure a timely resolution. “At least today, it doesn’t seem like they’re taking it seriously,” he remarked after Reuveni’s arguments.

During the hearing, Judge Xinis also expressed skepticism regarding claims of Abrego Garcia’s alleged ties to the MS-13 gang, which Trump officials have maintained. She stated that substantial evidence, such as an indictment or criminal proceeding, would typically accompany such serious accusations. “The government made a choice here to produce no evidence,” Reuveni admitted.

Later on Friday, the Trump administration filed an appeal against the judge’s ruling, bringing the case to the US Court of Appeals for the Fourth Circuit.