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Judge Extends Block on Abrego Garcia’s Removal, Sets Oct. 6 Hearing

The case now turns on whether he receives due process before any third-country removal to Uganda can proceed.

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Supporters of Kilmar Abrego, the migrant whose wrongful deportation to El Salvador made him a symbol of U.S. President Donald Trump's aggressive immigration policies, gather outside the ICE Baltimore field office on the day he appears for a check-in three days after his release from criminal custody in Tennessee, in Baltimore, Maryland, U.S. August 25, 2025.  REUTERS/Elizabeth Frantz
Demonstrators raise their fists on the day Kilmar Abrego, a migrant whose wrongful deportation to El Salvador made him a symbol of U.S. President Donald Trump's aggressive immigration policies, appears at the ICE Baltimore field office for a check-in three days after his release from criminal custody in Tennessee, in Baltimore, Maryland, U.S. August 25, 2025.  REUTERS/Elizabeth Frantz
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Overview

  • U.S. District Judge Paula Xinis extended a temporary order preventing Kilmar Abrego Garcia’s removal, kept him within 200 miles of her Maryland court, and scheduled an Oct. 6 evidentiary hearing.
  • Justice Department lawyers said they disagree with the injunction but will comply, as the court examines whether required procedures were followed for any third‑country removal.
  • Abrego Garcia’s attorneys told the court he will move to reopen his immigration case to seek asylum and has asserted fear of persecution and torture if sent to Uganda, while indicating a preference for Costa Rica if removal occurs.
  • Court filings and attorneys say officials previously floated Costa Rica as part of a plea offer on human‑smuggling charges, an option he declined, and Xinis set briefing deadlines in late September with witness lists due Oct. 2.
  • The Salvadoran national, wrongfully deported to El Salvador in March despite a 2019 order barring removal there, was returned to the U.S. in June and has pleaded not guilty to federal human‑smuggling charges.