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Original Date Announced
March 24, 2025Kilmar Armando Abrego Garcia, a Salvadoran national granted withholding of removal in 2019, along with his U.S. citizen wife and son, filed a Complaint against Secretary of Homeland Security Kristi Noem and others for illegally removing him to El Salvador on a deportation flight in mid-March. The Complaint explains that Abrego Garcia's removal was due to DHS' assertion that he is a gang member affiliated with MS-13, an allegation he has repeatedly denied. Abrego Garcia is currently being held in CECOT prison in El Salvador.
The Complaint alleges Abrego Garcia was unlawfully removed from the United States in violation of the INA, the APA, and the U.S. Constitution and requests that the court order the government to bring him back to the U.S. Abrego Garcia v. Noem, 8:25-cv-00951-PX (D. Md.).
Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker
Trump 2.0 [ID #1662]
2025.03.24 Complaint - Abrego Garcia v. NoemSubsequent Trump and Court Action(s)
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March 31, 2025
2025.03.31 Declaration of Acting ICE Field Office Director Robert L. Cerna - Abrego Garcia v. Noem
In a declaration filed during litigation in Abrego Garcia v. Noem, 8:25-cv-00951-PX (D. Md.), Acting ICE Field Office Director Robert Cerna stated that "[t]hrough administrative error, Abrego-Garcia was removed from the United States to El Salvador. This was an oversight, and the removal was carried out in good faith based on the existence of a final order of removal and Abrego-Garcia’s purported membership in MS-13."
*See litigation note above*
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April 4, 2025
2025.04.04 Order Granting Preliminary Injunction - Abrego Garcia v. Noem
District Court of Maryland Judge Paula Xinis issued a preliminary injunction in Abrego Garcia's suit and ordered the U.S. government to "facilitate and effectuate" his return to the U.S. by no later than 11:59 pm on Monday, April 7, 2025. Abrego Garcia v. Noem, 8:25-cv-00951-PX (D. Md.).
*See litigation note above*
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April 7, 2025
2025.04.07 Application to SCOTUS to Vacate Preliminary Injunction and Request for Immediate Administrative Stay - Noem v. Abrego Garcia
Defendants in Abrego Garcia v. Noem filed an application to the U.S. Supreme Court to vacate the preliminary injunction issued by Judge Paula Xinis and requesting an immediate administrative stay, on the grounds that the Government is likely to succeed on the merits. Noem v. Abrego Garcia, 25-1345, U.S. Supreme Court, 2025.
*See litigation note above*
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April 7, 2025
2025.4.7 Chief Justice Roberts Stay in Noem v. Abrego Garcia
Chief Justice John G. Roberts issues an administrative stay in Noem v. Abrego Garcia, pending further order of The Chief Justice or the Court. The stay blocks Judge Paula Xinis's preliminary injunction from going into effect while the Court considers the matter further. Noem v. Abrego Garcia, (U.S. Apr. 8, 2025) (No. 25-1345).
*See litigation note above*
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April 7, 2025
2025.04.07 Denial of Motion for Stay Pending Appeal and Immediate Administrative Stay - Abrego Garcia v. Noem
A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in Abrego Garcia v. Noem unanimously denies the Government's motion for stay pending appeal and immediate administrative stay of the district court's preliminary injuction. Abrego Garcia v. Noem, 25-1345 (4th Cir. April 7, 2025).
*See litigation note above*
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April 10, 2025
2025.04.10 SCOTUS Order - Noem v. Abrego Garcia
The Supreme Court in Noem v. Abrego Garcia upheld the District Court's order in part, stating that it "properly requires the Government to 'facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador." It granted the government's stay application to the extent that it requested relief from the District Court order's deadline, which had already passed.
However, the Court further held that the District Court must "clarify" the scope of the term "effectuate" on remand "with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs." The Court ordered the government to "be prepared to share what it can concerning the steps it has take and the prospect of further steps."
Justices Sotomayor, Kagan, and Jackson would have denied the stay in full. Noem v. Abrego Garcia, No. 24A949, 604 U.S. ____ (Apr. 10 2025).
*See litigation note above*
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April 10, 2025
2025.04.10 Order Clarifying Scope of Injunction - Abrego Garcia v. Noem
On remand from the Supreme Court's denial of stay, Judge Paula Xinis amended the order "to DIRECT that Defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible." She also directed the government to file daily notices addressing Abrego Garcia's current whereabouts and current and future steps by the government to facilitate his return. Abrego Garcia v. Noem, No. 8:25-cv-00951-PX (D. Md. Apr. 10, 2025).
*See litigation note above*
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April 11, 2025
2025.04.11 - Order Finding Failure to Comply - Abrego Garcia v. Noem
Judge Paula Xinis found that the government had failed to comply with her order to provide information about Abrego Garcia's whereabouts and the current and future steps the administration has or will take to facilitate his return to the United States. Judge Xinis set a new deadline for this information to be provided. Abrego Garcia v. Noem, No. 8:25-cv-00951-PX (D. Md. Apr. 11, 2025).
*See litigation note above*
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April 15, 2025
2025.04.15 - Joseph Mazzara Declaration, Abrego Garcia v. Noem, 8-25-cv-00951-PX (D. Md.)
Acting General Counsel of DHS, Joseph Mazzara, filed a declaration in Abrego Garcia v. Noem stating that if Kilmar Abrego Garcia returns to the US and presents at a port of entry, "he would become subject to detention by DHS." Officials would then take him into custody and either remove him to a 3rd country or terminate his withholding of removal because of his alleged membership in MS-13. The declaration also includes a link to the unofficial transcript of the meeting between President Trump and President Bukele held on April 14, 2025. Abrego Garcia v. Noem, 8:25-cv-00951-PX (D. Md.).
*See litigation note above*
View Document
Current Status
NoneOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Enforcement Asylum, Withholding and CATAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
CourtListener - Abrego Garcia v. Noem Complaint
- Subsequent Action
- Subsequent Action
- Subsequent Action
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Subsequent Action
Original Source:
SCOTUS Order Entering Administrative Stay - Noem v. Abrego Garcia
- Subsequent Action
- Subsequent Action
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Subsequent Action
Original Source:
Order Clarifying Scope of Injunction - Abrego Garcia v. Noem
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Subsequent Action
Original Source:
Order Finding Failure to Comply - Abrego Garcia v. Noem
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Subsequent Action
Original Source:
CourtListener - Abrego Garcia v. Noem, Declaration of Joseph Mazzara
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Commentary
2025.04.02 Maryland father sues U.S. officials after being deported to El Salvador prison - CBS News
CBS News reports that despite admitting Abrego Garcia's removal was an "administrative error," ICE officials "are opposing the request to have him returned to the U.S.," arguing courts do not have the authority to order them to bring him home. El Salvador has not indicated "that it will consider the request to return Abrego Garcia."
Go to article2025.04.05 Abrego Garcia, Constructive Custody, and Federal Judicial Power - Steve Vladek
Steve Vladek writes that "[f]ederal courts may not have the power to compel the release of an individual from a foreign prison, but they unquestionably have the power to order the U.S. government to take whatever steps it can to effectuate the same result."
Go to article2025.04.23 Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial - Just Security
In a Just Security article, Professor Ahilan Arulanantham argues that deportation of alleged Tren de Aragua gang members to the CECOT prison in El Salvador "constitutes punishment, and therefore cannot be imposed without trial under the Fifth and Sixth Amendments."
Go to article