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yesterday

Abrego Moves to Dismiss Smuggling Case, Alleging Vindictive 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
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’s lawyers filed a 35-page motion in Tennessee on Tuesday seeking dismissal, arguing he was vindictively and selectively prosecuted.
  • They point to his March deportation to El Salvador despite a 2019 protection order and note that federal courts, including a unanimous Supreme Court, directed officials to facilitate his return.
  • U.S. officials flew him back in June to face a two-count indictment for conspiracy to transport aliens and unlawful transportation, charges to which he has pleaded not guilty while remaining in a Tennessee jail.
  • Judges reviewing detention filings have said prosecutors failed to connect claimed MS-13 ties and violent crimes to admissible evidence implicating Abrego.
  • The motion cites irregularities such as a prosecutor’s resignation over political concerns and benefits for a cooperating witness, while a separate order pausing his pretrial release over deportation risks is set to expire Friday, Aug. 22.