Overview
- U.S. District Judge Paula Xinis kept a temporary restraining order in place, leaving Abrego Garcia on supervised release with his family in Maryland through the holiday period.
- Xinis directed the Justice Department to file by Dec. 26 whether it plans to detain him and under which statute, with his attorneys allowed to respond by Dec. 30.
- From the bench and in prior rulings, the judge criticized the government for shifting removal plans and for dismissing Costa Rica despite defense claims the country agreed to accept him.
- The case turns on whether a valid removal order exists: Xinis found none supported his prior detention, while the government cites pre‑final order detention authority after an immigration judge later added an order to the record.
- Abrego Garcia has pleaded not guilty to human‑smuggling charges in Tennessee with a trial approaching in January, and his lawyers say he would go to Costa Rica if the government permitted it.