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Judge Pushes Abrego Garcia Hearing to December as Vindictiveness Fight Deepens

The change follows discovery disputes tied to a defense claim of retaliatory prosecution.

FILE - Jennifer Vasquez Sura, front left, her husband Kilmar Abrego Garcia, front center, and Attorney Simon Sandoval-Moshenberg, front right, attend a protest rally at the Immigration and Customs Enforcement field office in Baltimore, Monday, Aug. 25, 2025, to support Kilmar Abrego Garcia. (AP Photo/Stephanie Scarbrough, File)
FILE - Kilmar Abrego Garcia, center, leaves the Putnam County Jail, Friday, Aug. 22, 2025, in Cookeville, Tenn. (AP Photo/Brett Carlsen, File)
FILE - Kilmar Abrego Garcia attends a protest rally at the Immigration and Customs Enforcement field office in Baltimore, Monday, Aug. 25, 2025, to support Abrego Garcia. (AP Photo/Stephanie Scarbrough, File)

Overview

  • U.S. District Judge Waverly Crenshaw rescheduled the Tennessee hearing to Dec. 8–9 after a Friday meeting with lawyers, with no public explanation for the change.
  • Defense motions to dismiss the human-smuggling indictment for selective or vindictive prosecution remain pending after the judge said there is some evidence the case may be retaliatory.
  • A separate motion seeks to suppress evidence from a 2022 Tennessee traffic stop that the defense argues was unlawful, citing an incorrect stated speed limit and lack of radar or pacing.
  • A Department of Homeland Security agent previously testified he opened the smuggling probe only after the U.S. Supreme Court directed the administration in April to bring Abrego Garcia back.
  • Abrego Garcia cannot be returned to El Salvador under a 2019 protection, while the administration pursues third-country removals such as Liberia that are contested in court, and a Maryland case has temporarily barred his removal.