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DOJ Seeks to Lift Court Ban to Deport Kilmar Abrego Garcia to Liberia

The case tests the administration’s reliance on diplomatic assurances for third‑country removals.

Overview

  • In overnight filings, the Justice Department urged U.S. District Judge Paula Xinis to dissolve her summer injunction, pointing to a USCIS interview on Oct. 28 that found no likely persecution or torture in Liberia.
  • Liberia said it would receive him on a temporary humanitarian basis and provided assurances he would not be harmed or sent elsewhere, according to government declarations.
  • Defense lawyers asked the court to block any transfer unless an immigration judge reviews the asylum officer’s finding, alleging inadequate process and retaliation that included a conditional Costa Rica option tied to a guilty plea.
  • Government filings label Abrego Garcia an MS‑13 member and contend removal is in the public interest, while he remains detained in Pennsylvania and has pleaded not guilty in a separate Tennessee human smuggling case.
  • The administration also argues his lawsuit is precluded by a Massachusetts class action in which the Supreme Court allowed third‑country removals, and Newsweek reports his Tennessee trial is scheduled for January 2026.