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The judge orders the government to return Maryland Man expelled in “ error ” to El Salvador

A federal judge of Maryland granted a preliminary injunction and ordered the government to facilitate the return of Kilmar Armando Abrego Garcia, the man of Maryland who was expelled in El Salvador by mistake, by Monday.

“I will grant the request for preliminary injunction that I have examined, and I will read this word for word, so that there is no disputed that the oral order is the written order,” said US District Judge Paula Xinis during the hearing of Firday, referring to the judicial case of the law on extraterrestrial enemies in which the government did not obtain the oral order of another judge.

“The two defendants are sentenced to present to facilitate the return of the claimant Kilmar Armando Abrego Garcia to the United States at 11:59 pm on Monday, April 7, 2025,” said judge Xinis.

Abrego Garcia was sent to Salvador in the context of what the Trump administration described as an agreement of $ 6 million with the Salvadoral authorities in which they would house migrants expelled in exchange for payment. At the hearing on Friday, however, the prosecutor of the Ministry of Justice denied that there was such a contract.

“The way I see the file, however, is that there is an agreement between your customers and El Salvador where your customers are [paying] More than $ 6 million to host individuals, “said Judge Xinis.” There is nothing to suggest that they are still not in the custody of the DHS and immigration. “”

Erez Reuveni, interim deputy director of the DOJ immigration dispute office, replied: “There is nothing in the file that there is a contract.”

When judge Xinis postponed and said that Secretary of State Marco Rubio and the Ministry of Internal Security Kristi Noem had spoken of an agreement between the two countries, Rebeni said that he could not speak for them.

This undated photo provided by Casa, an organization for the defense of immigrants, in April 2025, shows Kilmar Abrego Garcia.

House via AP

“I can’t talk about where they got their information,” said Reuvani. “But none of them said that there was no contact.”

“They may not have used the word contract, but the agreement is very similar to a contract where we paid $ 6 million,” replied Judge Xinis. “I think I can draw a logical inference.”

Abrego Garcia, although he protected legal status, was sent to the famous Mega-Prison Cecot in El Salvador following what the Government said to be an “administrative error”.

“The facts are conceded,” said Reuvani at the hearing on Friday. “Mr. Abrego Garcia should not have been deleted.”

Although the government has recognized the error, he said that in a previous court depositing that because Greo Garcia was 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.

Last month, Abrego Garcia, who had an American citizen woman and a 5 -year -old child, was arrested by ice officers who “informed him that his immigration status had changed”, according to his lawyers. He was detained and then transferred to a detention center in Texas, after which he was sent to the Cecot prison of El Salvador, as well as more than 200 so -called Venezuelan gang members on March 15.

Abrego Garcia entered the United States in 2011 at the age of 16 to escape the violence of gangs in Salvador, according to his lawyers. His lawyers say that in 2019, a confidential informant, “said that Garcia Garcia was an active member” of the Gang MS-13. Abrego Garcia then filed an asylum request from the i-589, and although he was tried removable, an immigration judge “granted him to the restraint of dismissal to El Salvador,” said lawyers.

ABREGO GARCIA’s lawyers say that “is not a member or has no affiliation with Tren de Aragua, MS-13 or any other criminal or street gang” and said that the US government “had never produced an iota of evidence to support this unfounded accusation”.

Tuesday, the press secretary of the White House, Karoline Leavitt – while recognizing the government’s error by sending it to Salvador – called Abrego Garcia a chief of MS -13.

“The administration maintains the position that this person who was expelled in Salvador and will not return to our country was a member of the brutal and vicious gang MS-13,” said Leavitt.

Simon Sandoval -Moshenberg, the lawyer representing Abrego Garcia, recognized during the hearing on Friday that his client could have been moved to another county – but not El Salvador.

“He was certainly removable in many countries on earth – El Salvador is simply not one of them,” said Sandoval -Moshenberg.

“There was no referral order for the Salvador,” he added. “It was essentially the equivalent of forced expulsion.”

When asked by judge Xinis under the authority that law enforcement agents seized Abrego Garcia, Rebeni said he was frustrated not to have these answers.

“Your honor, my answer to many of these questions will be frustrating and I am also frustrated not to have any answers for you on many of these questions,” said Reuvani.

After the hearing, Abrego Garcia’s wife said she would continue to fight for her husband.

“I would like to thank everyone who helped us, who supported us in the fight against this, and we will continue to fight for Kilmar, for my husband,” said Jennifer Varquez Sura.

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