Judge's Frustration Boils Over in Courtroom Drama
In a tense hearing on October 6 in Greenbelt, Maryland, U.S. District Judge Paula Xinis voiced significant frustration with Justice Department lawyers over their inability to provide clear answers regarding the deportation plans for Kilmar Armando Abrego Garcia. Abrego Garcia, a Maryland man previously wrongfully deported to El Salvador, is currently held in U.S. immigration custody. Judge Xinis criticized the government for failing to address 'basic questions' that could determine his fate, describing the proceedings as a 'topsy-turvy, inside-out day.'
The judge questioned whether the government was employing a 'trick bag' to indefinitely detain Abrego Garcia by claiming an imminent deportation without concrete plans. She indicated a strong inclination to release him if federal officials cannot produce evidence of a deportation schedule by Wednesday. During the hearing, she granted government lawyers a brief 30-minute recess to gather information, highlighting her urgency for clarity in the case.
Government Shutdown Adds Complexity to Proceedings
The ongoing federal government shutdown has further complicated the case, with Justice Department lawyers requesting a pause in proceedings due to operational challenges. However, Judge Xinis denied this request, emphasizing the significance of the case and refusing to delay justice for Abrego Garcia. She ordered both parties to return to court on Friday with a government official prepared to testify under oath about specific deportation plans, potentially to Eswatini in southern Africa.
Abrego Garcia's legal team has pushed for the government to turn over all evidence related to deportation efforts, arguing against indefinite detention. Supporters rallied outside the federal courthouse in Greenbelt ahead of the hearing, showing public interest and concern for his situation. This development follows a separate ruling last week where an immigration judge denied Abrego Garcia's request to reopen his original immigration case.
Legal Battles and Vindictive Prosecution Claims
In a related legal battle, U.S. District Judge Waverly Crenshaw in Tennessee ordered a hearing to investigate whether the criminal case against Abrego Garcia for human smuggling constitutes 'vindictive prosecution.' Judge Crenshaw noted 'some evidence' suggesting the prosecution might have been initiated in response to Abrego Garcia's successful challenge of his initial deportation. This challenge led to a Supreme Court acknowledgment of the wrongful removal to El Salvador.
Abrego Garcia was brought back to the United States in June to face these charges and was released into his brother's custody in Maryland before being taken into immigration custody again upon reporting to an ICE field office in Baltimore. His lawyers have filed a motion to dismiss the charges based on claims of vindictive prosecution, with a status conference set for Friday in Nashville to address these concerns. The totality of events, as determined by Judge Crenshaw, suggests a 'realistic likelihood' of governmental vindictiveness, entitling Abrego Garcia to discovery and a hearing on the matter.