Filed Date: Aug. 25, 2025
Case Ongoing
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This habeas petition arose out of the events documented in Abrego Garcia v Noem. We recommend familiarizing yourself with the events of proceeding case prior to reading the summary of this case.
The petitioner in this case is Kilmar Armando Abrego-Garcia, a citizen and native of El Salvador. In March 2025, Abrego-Garcia was mistakenly deported to El Salvador despite having Temporary Protected Status. The government admitted the deportation was an error but refused to facilitate Abrego-Garcia’s return to the U.S. After Abrego-Garcia filed a habeas petition, the court promptly ordered the government to facilitate his return. The Supreme Court affirmed this decision. When the government finally returned Abrego-Garcia to the U.S., it indicted him in Tennessee on human trafficking charges.
On August 22, 2025, Abrego-Garcia was released on bail in Tennessee. The Tennessee court ordered that, in the event the government sought to remove Abrego-Garcia to a third country, written notice be provided to “Abrego-Garcia and all counsel of record . . . at least seventy-two hours prior to commencing removal.” Following his release, the government notified Abrego-Garcia’s counsel that it intended to remove him to Uganda. Without forewarning to Abrego-Garcia himself, the government took him into ICE detention to begin removal proceedings. Abrego-Garcia filed this renewed petition for habeas corpus in the United States District of Maryland. Judge Xinis, the judge presiding over Abrego-Garcia's original petition, is also presiding over this case.
The petitioner alleges that under 8 U.S.C. § 1231(b)(2), he is entitled to designate the country to which he will be deported to. In Uganda, the petitioner claims he would face torture or refulgent to El Salvador. In addition, under Zadvydas, the statutory period under which the government could lawfully detain Abrego-Garcia has expired. He also alleged that his detention does not bear any "reasonable relation to a legitimate government purpose and is punitive in purpose and effect" therefore, violating the Due Process Clause. Lastly, the petitioner claimed that the deportation order is not executable. The removal order for the petitioner was executed when he was removed to El Salvador, and a removal order cannot be executed twice. Since the petitioner has not illegally reentered the United States, there is no valid deportation order under which the petitioner can be deported.
On August 27, Judge Xinis enjoined the government from removing Abrego-Garcia. In addition, she ordered that the government ensure he remain detained within 200 miles of the Greenbelt, Maryland courthouse.
This case is ongoing.
Summary Authors
Jinan Abufarha (9/11/2025)
Abrego Garcia v. Noem, District of Maryland (2025)
United States v. Garcia, Middle District of Tennessee (2025)
Abrego Garcia v. Noem, District of Maryland (2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71191591/parties/abrego-garcia-v-noem/
Cardin, Zachary Aaron (Maryland)
O'Hickey, Bridget (Maryland)
Cooper, Jonathan Gordon (Maryland)
Gandhi, Rina Mahesh (Maryland)
Horton, Olivia G. (Maryland)
See docket on RECAP: https://www.courtlistener.com/docket/71191591/abrego-garcia-v-noem/
Last updated Sept. 19, 2025, 11:38 a.m.
State / Territory: Maryland
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: Aug. 25, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The plaintiff is Kilmar Abrego Garcia, a El Salvador national residing in Maryland.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Homeland Security (District of Columbia), Federal
Case Details
Causes of Action:
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Constitutional Clause(s):
Due Process: Procedural Due Process
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: