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BumRushDaShow

(165,203 posts) Thu Dec 11, 2025, 10:43 AM Dec 11

Federal judge in Maryland orders Abrego Garcia's immediate release from ICE custody

Source: CBS News

Updated on: December 11, 2025 / 10:36 AM EST

Washington — A Maryland judge on Thursday ordered the release of Kilmar Abrego Garcia, a Salvadoran national who was mistakenly deported to his home country earlier this year, from immigration custody.

The decision from U.S. District Judge Paula Xinis is a significant victory for Abrego Garcia, whose immigration case became a major flashpoint in President Trump's mass-deportation campaign when he was removed to El Salvador earlier this year.

"Because respondents have no statutory authority to remove Abrego Garcia to a third country absent a removal order, his removal cannot be considered reasonably foreseeable, imminent, or consistent with due process," Xinis wrote in Thursday's order. "Although respondents may eventually get it right, they have not as of today. Thus, Abrego Garcia's detention for the stated purpose of third country removal cannot continue. Respondents' conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer."

The Trump administration has been attempting to re-deport Abrego Garcia to the African nations of Uganda, Eswatini or Ghana, but the countries have not agreed to accept him.But the administration informed the court in October that Liberia had agreed to take Abrego Garcia and would seek to deport him.

Read more: https://www.cbsnews.com/news/kilmar-abrego-garcia-immediate-release-ice-custody/

12 replies

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Highlight:

Federal judge in Maryland orders Abrego Garcia's immediate release from ICE custody (Original Post) BumRushDaShow Dec 11 OP

Kilmar Abrego Garcia must be immediately RELEASED from immigration custody, a federal judge rules. LetMyPeopleVote Dec 11 #1

Federal judge orders Kilmar Abrego Garca's 'immediate release' LetMyPeopleVote Dec 11 #2

"Respondents did not just stonewall. They affirmatively misled the tribunal." LetMyPeopleVote Dec 11 #3

"was mistakenly deported" twodogsbarking Dec 11 #4

Old enough to remember when some people here claimed he would never be free in the US again Prairie Gates Dec 11 #5

I'm happy about this, but don't count unhatched chickens. Grokenstein Dec 11 #8

Has he been released? Miguelito Loveless Dec 11 #9

I think about him daily. I'm so happy this judge ordered this. NOW, bluestarone Dec 11 #6

Deadline Legal Blog-Judge orders Kilmar Abrego Garcia's immediate release from immigration custody LetMyPeopleVote Dec 11 #7

K & R berniesandersmittens Dec 11 #10

Hate to be the party pooper angrychair Dec 11 #11

I do not trust Trump one bit to do what is right and I suspect neither does Garcia at this point riversedge Dec 11 #12

LetMyPeopleVote

(174,387 posts)

1. Kilmar Abrego Garcia must be immediately RELEASED from immigration custody, a federal judge rules.

Reply to BumRushDaShow (Original post)

Thu Dec 11, 2025, 10:50 AM

Dec 11

This is long overdue

Link to tweet

LetMyPeopleVote

(174,387 posts)

2. Federal judge orders Kilmar Abrego Garca's 'immediate release'

Reply to BumRushDaShow (Original post)

Thu Dec 11, 2025, 10:58 AM

Dec 11

U.S. District Judge Paula Xinis said the government could not indefinitely detain Abrego, a 30-year-old immigrant from El Salvador who is fighting his deportation.

Federal judge orders Kilmar Abrego GarcÃaâ€™s â€˜immediate releaseâ€™ via @washingtonpost.com
— Julio Ricardo Varela (@juliorvarela.com) 2025-12-11T15:53:20.529Z

https://www.washingtonpost.com/national-security/2025/12/11/trump-abrego-release-deportation

A federal judge in Maryland ordered the “immediate release” of Kilmar Abrego García from Immigration and Customs Enforcement custody, saying Justice Department attorneys “misled” the court at a hearing last month.

U.S. District Judge Paula Xinis said she ordered his release in part to ensure that he had a fair immigration process after the Justice Department and an ICE witness last month said immigration officers had no option but to deport him to the African nation of Liberia because the Central American country of Costa Rica was no longer willing to offer Abrego refuge.

The judge cited reporting by The Washington Post and ABC that found that Costa Rica had “never wavered” in its commitment to accept Abrego. She was also the judge who first ordered the Trump administration to facilitate the return of Abrego to the United States after immigration officers illegally deported him to a notorious prison in his native El Salvador.

“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Xinis wrote. “For this reason, the Court will grant Abrego Garcia’s Petition for immediate release from ICE custody.”

LetMyPeopleVote

(174,387 posts)

3. "Respondents did not just stonewall. They affirmatively misled the tribunal."

Reply to BumRushDaShow (Original post)

Thu Dec 11, 2025, 11:05 AM

Dec 11

It has been a very long time since I took federal procedure in law school, but I remember that it is never a good ideal to lie to any court and especially not to a federal judge

Link to tweet

twodogsbarking

(17,499 posts)

4. "was mistakenly deported"

Reply to BumRushDaShow (Original post)

Thu Dec 11, 2025, 11:21 AM

Dec 11

No, he was illegally captured held and deported. No mistake about it.

Prairie Gates

(7,133 posts)

5. Old enough to remember when some people here claimed he would never be free in the US again

Reply to BumRushDaShow (Original post)

Thu Dec 11, 2025, 11:49 AM

Dec 11

Should have bookmarked. The usual lawyer types.

Grokenstein

(6,241 posts)

8. I'm happy about this, but don't count unhatched chickens.

Reply to Prairie Gates (Reply #5)

Thu Dec 11, 2025, 01:16 PM

Dec 11

This maladministration LOVES defying court orders.

Miguelito Loveless

(5,397 posts)

9. Has he been released?

Reply to Prairie Gates (Reply #5)

Thu Dec 11, 2025, 01:24 PM

Dec 11

bluestarone

(21,070 posts)

6. I think about him daily. I'm so happy this judge ordered this. NOW,

Reply to BumRushDaShow (Original post)

Thu Dec 11, 2025, 12:35 PM

Dec 11

I''m waiting to see these fuckers do what the order states.

LetMyPeopleVote

(174,387 posts)

7. Deadline Legal Blog-Judge orders Kilmar Abrego Garcia's immediate release from immigration custody

Reply to BumRushDaShow (Original post)

Thu Dec 11, 2025, 12:39 PM

Dec 11

Last edited Thu Dec 11, 2025, 03:03 PM - Edit history (2)

"Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority," a federal judge wrote Thursday.

Judge orders Kilmar Abrego Garciaâ€™s immediate release from immigration custody https://cavenewstimes.com/judge-orders-kilmar-abrego-garcias-immediate-release-from-immigration-custody/
— Cave News Times (@cavenewstimes.com) 2025-12-11T17:56:18+00:00

https://www.ms.now/deadline-white-house/deadline-legal-blog/judge-orders-kilmar-abrego-garcias-immediate-release-from-immigration-custody

A federal judge on Thursday ordered Kilmar Abrego Garcia to be immediately released from immigration custody.

“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” U.S. District Judge Paula Xinis in Maryland wrote in her opinion explaining her order.

“As before, Abrego Garcia’s case demands judicial intervention to ensure that” government officials “choose constitutionally permissible means of implementing” immigration law, she wrote. “Because Abrego Garcia has been held in ICE detention to effectuate third-country removal absent a lawful removal order, his requested relief is proper,” she wrote.

The government illegally sent Abrego to El Salvador in March, then said it would never bring him back him to the U.S., and then returned him to the U.S. in June to face criminal charges for allegedly transporting undocumented immigrants illegally. Abrego has pleaded not guilty to the charges and argued they should be thrown out on the grounds that they’re unconstitutionally vindictive. ,,,

In her ruling Thursday, Xinis said the government didn’t have a lawful order to remove him to a third country, so it can’t justify his continued detention. She wrote that while government officials “may eventually get it right, they have not as of today.”

berniesandersmittens

(13,030 posts)

10. K & R

Reply to BumRushDaShow (Original post)

Thu Dec 11, 2025, 01:26 PM

Dec 11

angrychair

(11,639 posts)

11. Hate to be the party pooper

Reply to BumRushDaShow (Original post)

Thu Dec 11, 2025, 02:59 PM

Dec 11

But there is absolutely nothing preventing them from just arresting him as soon as he is released and taking him to a plane and sending him wherever they want.
When it comes to this administration, no court order is enforceable. Mango Mussolini has complete control over the DOJ.

Even if they did he could just pardon whoever it is and it's over and nothing would change.

That is coming. May happen with Garcia.
They may cooperate for now, who knows. That's a choice because in all honesty, they don't have to listen to the courts or Congress.

riversedge

(79,213 posts)

12. I do not trust Trump one bit to do what is right and I suspect neither does Garcia at this point

Reply to angrychair (Reply #11)

Thu Dec 11, 2025, 03:54 PM

Dec 11

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