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Ice admits an “administrative error” after Maryland man sent to El Salvador prison

A man from Maryland with protected legal status was sent to the Salvador notorious prison following an “administrative error”, an American immigration and customs application (ICE) admitted on a statement on Monday.

Kilmer Armado Abrego-Garcia who has an American citizen woman and a 5-year-old child is currently in Cecot, the notorious prison in Salvador.

The file is part of a new legal action submitted by the lawyers of Abrego-Garcia which request that the Government of Salvador returns it to the United States after being sent “due to an administrative error”.

In response, the government has recognized the error, but said in a file that because Greo-Garcia is no longer in police custody, the court cannot order it to be returned to the United States and the court cannot order the Salvador to return it.

According to ABREGO-GARCIA lawyers in 2019, a confidential informant “said that Garcia Garcia was an active member” of the MS-13 gang. He then submitted an asylum request from the i-589 and although Garcia Garcia was considered removable, an immigration judge “granted him to the referral to El Salvador”.

But earlier this month, Abrego-Garcia was arrested by ice officers who “informed him that his immigration status had changed”. After being detained on gang affiliations, he was transferred to a detention center in Texas. He was then sent to Salvador on March 15.

“ABREGO-GARCIA, originally and citizen of El Salvador, was in the third flight and therefore had his order for moving in Salvador executed,” said Robert L. Cerna, director of the acting field office for ice in an oath. “This deletion was a mistake.”

Salvadoral police escorts members of the members of the Venezuelan gang Tren of Aragua recently expelled by the United States government to be imprisoned in the prison of the Terrorism Center for Terrorism, in San Luis Talpa, El Salvador, obtained on March 16, 2025.

Press secretary of the presidency via Reuters

ABREGO-GARCIA lawyers said that he “was not a member of or had no affiliation with Tren de Aragua, MS-13 or any other criminal or street gang” and said that the United States government “had never produced an iota of proofs in support of this unfounded accusation”.

In response, the government said that Greo Garcia had the opportunity to present evidence to show that it was not part of MS-13. “Abrego Garcia had a complete and fair opportunity to plead the problem,” said the government. “He had the opportunity to testify to show that he was not part of MS-13, which he did not offer.”

In the file, Yaakov Mr. Roth, an acting prosecutor general, the Ministry of Justice, said that the court had not competence to examine the abolition of Abrego Garcia and said that the complainants asked for his release from the Salvadourian guard by “financial pressure and diplomacy”.

Roth has also added in the file that there is no clear demonstration that “Abrego Garcia himself is likely to be tortured or killed in Cecot”.

“Although there may be allegations of abuse in other Salvadoral prisons – very little compared to the large number of detainees – there is no clear demonstration that Garcia himself is likely to be tortured or killed in Cecot,” said Roth. “More fundamentally, this court should recover to the government’s decision that Abrego Garcia will probably not be tortured or killed in Salvador.”

In the oath declaration, Cerna said that the withdrawal was “made in good faith”.

“It was surveillance, and the withdrawal was made in good faith according to the existence of a final order of moving and the alleged subscription of Abrego-Garcia to MS-13,” Cerna told.

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