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Judge Xinis Rejects DOJ Bid to Dismiss Abrego Garcia Lawsuit, Probes Removal Plans

She has demanded sworn testimony on the Justice Department’s plans to remove Garcia to an unnamed third country before he could be freed on bond.

Jennifer Vasquez Sura, center, the wife of Kilmar Abrego Garcia, joins supporters of Abrego Garcia as they rally outside of the U.S. District Court in Greenbelt, Md., where a hearing was scheduled to be held on returning him to Maryland, Monday, July 7, 2025. (AP Photo/Mark Schiefelbein)
Supporters of Kilmar Abrego Garcia rally outside of the U.S. District Court in Greenbelt, Md., where a hearing was scheduled to be held on returning him to Maryland, Monday, July 7, 2025. (AP Photo/Mark Schiefelbein)
This courtroom sketch depicts Kilmar Abrego Garcia sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. (Diego Fishburn via AP)

Overview

  • On July 7 Judge Paula Xinis refused the Justice Department’s motion to dismiss Garcia’s wrongful-deportation lawsuit, finding its arguments meritless.
  • Xinis challenged DOJ lawyers over timeline inconsistencies, questioning how they secured a Tennessee indictment after claiming they lacked authority to bring Garcia back from El Salvador.
  • Justice Department attorney Jonathan Guynn told the court that ICE plans to deport Garcia to a third country if he is released from custody pending his Tennessee human smuggling trial.
  • The judge ordered the Trump administration to produce a government official with firsthand knowledge to testify under oath at a Thursday hearing about the next steps for Garcia’s removal.
  • Garcia remains detained in Tennessee awaiting a July 16 bond hearing as his attorneys seek his transfer to Maryland to prevent another potential unlawful deportation.