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Judge Extends Order Keeping Abrego Garcia Out of ICE Custody, Sets Government Deadline

The court set a Dec. 26 filing date for the Justice Department to lay out its removal plans.

Overview

  • U.S. District Judge Paula Xinis extended a temporary restraining order that bars immigration officials from re-detaining Kilmar Abrego Garcia, leaving him free under supervision through the holiday period.
  • Xinis ordered the Justice Department to state by Dec. 26 whether and how it intends to pursue removal, with Abrego Garcia’s lawyers allowed to respond by Dec. 30.
  • The judge reiterated concerns over government misstatements, questioned whether officials can be trusted to follow court orders, and warned she is “beyond impatient” with shifting representations.
  • Her earlier ruling found no final removal order existed in the 2019 case, blocking deportation, as the government argues it may still detain him during pre-final proceedings.
  • Removal options remain contested, with the government floating Uganda, Eswatini, Ghana, and Liberia, while the defense says Costa Rica has agreed to accept him; separately, his Tennessee smuggling case continues and his lawyers seek sanctions over officials’ public comments.