Overview

• U.S. District Judge Paula Xinis refused to dismiss Kilmar Abrego Garcia’s civil suit and admonished DOJ lawyers for their “utter refusal” to detail where and how they intend to send him next
• In follow-up proceedings, ICE assistant director Thomas Giles admitted he knew little about the case and had not conferred with colleagues, drawing the judge’s ire over the government’s lack of preparation
• Xinis signaled she may impose a minimum 72-hour hold on Garcia’s release to prevent his immediate expulsion without notice or a chance to contest it
• Garcia was mistakenly deported to El Salvador’s CECOT prison in March under the Alien Enemies Act despite a 2019 order barring his removal, and was returned to U.S. custody in June
• Separately, Emil Bove’s Third Circuit nomination is imperiled after whistleblower texts and emails surfaced alleging he told DOJ attorneys to tell courts “fuck you” when enforcing deportation orders