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28m ago

Immigration Judge Rejects Abrego Garcia’s Bid to Reopen Case, Leaving Removal Order Intact

The ruling cites missed statutory deadlines following his court-ordered return from El Salvador, setting up a potential appeal to the Board of Immigration Appeals.

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Kilmar Abrego, the migrant whose wrongful deportation to El Salvador made him a symbol of U.S. President Donald Trump's aggressive immigration policies, attends an event with his wife Jennifer Vasquez Sura and supporters, as he appears for a check-in at the ICE Baltimore field office three days after his release from criminal custody in Tennessee, in Baltimore, Maryland, on Aug. 25, 2025.
Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Monday, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)
Kilmar Abrego Garcia, center, and his brother Cesar Abrego Garcia, left, arrive at the Immigration and Customs Enforcement field office in Baltimore, Monday, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)

Overview

  • Regional Deputy Chief Immigration Judge Philip Taylor deemed the August emergency motion untimely, noting it came nearly six years after earlier proceedings and beyond the 90‑day and one‑year filing limits.
  • The court found insufficient evidence of imminent third‑country deportation, reading DHS’s notice that it "may" remove him to Uganda as reserving a right rather than signaling a decision.
  • Taylor concluded the record did not show that Salvadoran officials mistreated or singled out Abrego Garcia during his detention at CECOT, undercutting his persecution claims.
  • The final removal order remains in place and Abrego Garcia has 30 days to appeal, while his 2019 withholding still bars return specifically to El Salvador and third‑country options remain contested.
  • Abrego Garcia continues to face federal human‑smuggling charges in Tennessee and is detained in Pennsylvania, as DOJ seeks to pause deadlines in related Maryland litigation due to the government shutdown.