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2h ago

Abrego Garcia Seeks Dismissal of Smuggling Case, Alleging Vindictive, Selective Prosecution

The filing argues the case was brought to punish him for challenging his wrongful deportation.

Kilmar Abrego Garcia, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador, is seen wearing a Chicago Bulls hat, in this handout image obtained by Reuters on April 9, 2025. Abrego Garcia Family/Handout via REUTERS/File photo
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Katheryn Millwee holds a portrait of Kilmar Abrego Garcia outside the federal courthouse Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)
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Overview

  • Abrego Garcia’s lawyers filed a 35-page motion in Nashville asking Judge Waverly Crenshaw to dismiss a two-count indictment as retaliatory and selectively applied.
  • The defense cites a 903-day gap between a November 2022 traffic stop and the May 21, 2025 indictment, along with public statements by senior officials, as evidence of prosecutorial intent.
  • He was deported in March despite a 2019 order barring removal, then returned in June after a Supreme Court directive, and he has pleaded not guilty to the smuggling charges.
  • He remains in Tennessee criminal custody under a temporary stay of a release order set to lapse Friday, as a Maryland judge requires notice before any immigration re-detainment and has ordered his return to Maryland if released.
  • The motion challenges the government’s evidence, highlighting lenient treatment for a cooperating smuggler and noting a judge found prosecutors failed to link MS-13 and other allegations to admissible proof, while prosecutors have not yet filed a substantive response.