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Immigration Judge Rejects Abrego Garcia’s Reopen Bid, Keeping Removal Order in Place

Citing a nearly six-year delay, the judge rejected claims of new asylum eligibility or imminent third‑country removal.

Kilmar Abrego Garcia and his wife, Jennifer Vasquez Sura, entering the ICE field office in Baltimore, Maryland, where he was detained.
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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.

Overview

  • Regional Deputy Chief Immigration Judge Philip Taylor ruled the August motion to reopen was untimely, far beyond the 90‑day window.
  • The existing removal order remains in effect, and Abrego Garcia has 30 days to appeal to the Board of Immigration Appeals.
  • The court said DHS’s notice that it “may” remove him to Uganda or another country did not demonstrate an imminent plan.
  • Taylor found the evidence of being singled out or mistreated in El Salvador insufficient to justify reopening for protection.
  • Abrego Garcia remains in ICE custody after his June return to the U.S. and has pleaded not guilty to federal human‑smuggling charges in Tennessee.