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7h ago

Abrego Garcia Seeks Dismissal of Smuggling Charges, Citing Vindictive and Selective Prosecution

The defense says the case is retaliation for his lawsuit over a wrongful deportation that courts ordered the government to reverse.

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)

Overview

  • Attorneys filed a 35-page motion in Nashville asking a judge to throw out two human-smuggling counts, arguing the prosecution was brought to punish Kilmar Abrego Garcia for challenging his removal.
  • The filing highlights a 903-day gap between a 2022 traffic stop and the May 2025 indictment, cites public statements by senior officials, and questions cooperating witnesses who received benefits.
  • Abrego Garcia remains in Tennessee custody as a magistrate set a noon Thursday deadline for any government objection to his release before a stay lapses Friday, with a Monday hearing if DOJ opposes.
  • A federal judge in Maryland ordered that, if released, he be returned to Maryland and that the government provide advance notice before any immigration re-detention or deportation action.
  • Prosecutors base the case largely on the 2022 stop; he was wrongfully deported in March despite a 2019 order and later returned after a Supreme Court directive, and a judge has said the government failed to link uncharged gang allegations to evidence implicating him.