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1h ago

Judge Denies Abrego Garcia Motion to Reopen, Removal Order Stands

The judge found the filing untimely under the 90-day limit for motions to reopen.

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)
Kilmar Abrego Garcia speaks outside the Baltimore U.S. Immigration and Customs Enforcement office on Monday, "I was able to be reunited with my family. This was a miracle." (Kevin Richardson/Staff)
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Overview

  • Regional Deputy Chief Immigration Judge Philip Taylor ruled the August motion was filed nearly six years after prior proceedings and therefore untimely.
  • The decision leaves Kilmar Abrego Garcia’s final order of removal in effect and finds insufficient evidence that DHS intends a third‑country deportation such as Uganda.
  • Defense attorneys had sought to reopen the case to pursue asylum based on his latest U.S. entry after his March deportation to El Salvador and his June return.
  • DHS highlighted the ruling on X and characterized Abrego Garcia as an MS-13 member and serious offender, statements attributed to the agency.
  • Abrego Garcia still faces federal human-smuggling charges in Tennessee, and separate court orders affecting custody and removal procedures could influence timing.