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Judge Denies Trump’s Extension Request in Abrego Garcia Case as DOJ Files Dismissal Motion

Paula Xinis rejected the government’s vague, evasive filings as insufficient to explain plans for Abrego Garcia’s repatriation

Wife of Kilmar Abrego Garcia, Jennifer Vasquez Sura, joins a rally outside the U.S. Courthouse in Greenbelt, Md., where a federal judge in Maryland will hear arguments Friday, May 16, 2025. (AP Photo/Manuel Balce Ceneta)

Overview

  • The Justice Department filed a motion to dismiss Abrego Garcia’s lawsuit, arguing that the court lacks jurisdiction now that he is outside the United States
  • U.S. District Judge Paula Xinis denied the administration’s request for a 30-day extension, criticizing its eleventh-hour filings as vague, evasive and incomplete
  • Xinis and the Supreme Court previously ordered the Trump administration to “facilitate” the return of Abrego Garcia after he was mistakenly deported in March despite a protective court order
  • The administration has invoked the state secrets privilege to withhold details of its efforts to repatriate Abrego Garcia, citing potential risks to diplomatic negotiations and national security
  • Abrego Garcia remains detained in El Salvador under the Alien Enemies Act as the case continues to test the balance between executive authority and judicial oversight