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Federal Judge Orders Hearing on Possible Vindictive Prosecution in Abrego Garcia Case

An immigration judge separately left his removal order intact with a 30-day window to appeal.

Overview

  • U.S. District Judge Waverly Crenshaw granted discovery and an evidentiary hearing, finding a realistic basis to explore whether prosecutors pursued the human-smuggling case in retaliation.
  • The court did not dismiss the criminal charges, which stem from a 2022 Tennessee traffic stop; Abrego Garcia has pleaded not guilty to two counts.
  • Regional Deputy Chief Immigration Judge Philip Taylor denied a motion to reopen the 2019 case, calling it untimely because it came nearly six years after earlier proceedings and beyond statutory filing limits.
  • Taylor found insufficient evidence that DHS had decided to deport him to Uganda or another third country, noting the agency’s notice said it “may” do so.
  • DHS said on social media that the final removal order stands; Abrego Garcia remains in ICE custody in Pennsylvania as his lawyers consider an appeal to the Board of Immigration Appeals.