Original Date Announced

Kilmar 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]

Subsequent Trump and Court Action

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 (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**

Subsequent Trump and Court Action

2025.04.04 Order Granting Preliminary Injunction - Abrego Garcia v. Noem

District 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 (D. Md.).

**See litigation note above**

Subsequent Trump and Court Action

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**

Subsequent Trump and Court Action

2025.04.07 Denial of Motion for Stay Pending Appeal and Immediate Administrative Stay - Abrego Garcia v. Noem

A three-judge panel of 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.).

**See litigation note above**

Subsequent Trump and Court Action

2025.4.7 Chief Justice Roberts Stay in Noem v. Abrego Garcia

Chief Justice John 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, No. 25-1345 (U.S.).

**See litigation note above**

Subsequent Trump and Court Action

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 (D. Md.).

**See litigation note above**

Subsequent Trump and Court Action

2025.04.10 SCOTUS Order - Noem v. Abrego Garcia

The Supreme Court 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 taken 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**

Subsequent Trump and Court Action

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 (D. Md.).

**See litigation note above**

Subsequent Trump and Court Action

2025.04.15 Joseph Mazzara Declaration - Abrego Garcia v. Noem

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 (D. Md.).

**See litigation note above**

Subsequent Trump and Court Action

2025.04.29 Reported: Trump says 'I could' get Abrego Garcia back from El Salvador - ABC News

In an interview with ABC News, President Trump, in response to a statement by reporter Terry Moran that "You could get [Abrego Garcia] back. There's a phone on this desk," stated "I could . . . If he was the gentleman that you say he is, I would do that . . . I'm not the one making this decision . .. We have lawyers that don't want to do this."

Subsequent Trump and Court Action

2025.04.30 Reported: Marco Rubio and Salvadoran president have been in touch about Kilmar Abrego Garcia, sources say - CNN

CNN reports that "U.S. Secretary of State Marco Rubio and Salvadoran President Nayib Bukele have been directly in touch about the detention of Kilmar Abrego Garcia . . . A U.S. official also told CNN that the Trump administration has been working closely with El Salvador and asked for Abrego Garcia's return but insisted that Bukele has made clear that he's not returning him to the US . . . It is unclear what the goal of the discussions was, however, as multiple officials told CNN the Trump administration is not seeking to return Abrego Garcia to the U.S. or grant him any additional due process in either country."

Subsequent Trump and Court Action

2025.04.30 Reported: El Salvador Is Said to Have Spurned U.S. Request for Return of Deported Migrant - CNN

The New York Times reports that "[t]he Trump administration recently sent a diplomatic note to officials in El Salvador to inquire about releasing" Abrego Garcia. "But the authoritarian government of Nayib Bukele . . . said no . . . . It remained unclear whether the diplomatic effort was a genuine bid by the White House . . . . Some legal experts suggested that the sequence of events could have been an attempt at window dressing by officials seeking to give the appearance of being in compliance with the recent Supreme Court ruling ordering the White House to 'facilitate' Mr. Abrego Garcia's release."

Subsequent Trump and Court Action

2025.05.21 Indictment - United States v. Abrego Garcia

Kilmar Abrego Garcia was indicted on charges of human trafficking. The indictment alleges that he is a member of MS-13 and that with co-conspirators he transported undocumented immigrants from Latin American countries to the U.S. in exchange for payment. United States v. Abrego Garcia, No. 3:25-cr-00115 (M.D. Tenn.).

**See litigation note above**

Subsequent Trump and Court Action

2025.06.07 Reported: Kilmar Abrego Garcia returned to the US, charged with transporting people in the country illegally - AP News

The Associated Press reported that Kilmar Abrego Garcia was returned to the U.S. to face criminal charges related to what the Trump administration said was a large human smuggling operation that brought immigrants into the country illegally. Abrego Garcia's attorneys call the case "baseless."

Subsequent Trump and Court Action

2025.06.23 Memorandum Opinion Denying Motion to Detain - United States v. Abrego Garcia

Magistrate Judge Barbara Holmes denied the government's motion to detain Abrego Garcia without bail, finding that the government failed to present evidence that the case involved a minor victim or that Abrego Garcia posed a "serious risk" of either fleeing or obstructing the case. The court also questioned the reliability of the government's evidence, stating that it involved "multiple layers of hearsay," was entitled to "little weight," and that "the government's evidence of Abrego's alleged gang membership is simply insufficient." United States v. Abrego Garcia, No. 3:25-cr-00115 (M.D. Tenn.).

Two days later, District Judge Waverly D. Crenshaw, Jr., denied the government's Motion for Stay of Release Order, see https://storage.courtlistener.com/recap/gov.uscourts.tnmd.104622/gov.uscourts.tnmd.104622.55.0_6.pdf.

**See litigation note above**

Subsequent Trump and Court Action

2025.06.24 Order to return Petitioner - Melgar-Salmeron v. Bondi

The Second Circuit ordered the government to facilitate the return of Jordin Alexander Melgar-Salmeron, who had been removed to El Salvador on May 7, 2025, thirty minutes after the court granted him a stay of removal. The Second Circuit directed the government to return Melgar-Salmeron as soon as possible to "ensure that his case is handled as it would have been had he not been improperly sent to El Salvador," citing the Supreme Court's decision in Noem v. Abrego Garcia. Melgar-Salmeron v. Bondi, No. 23-7792 (2d Cir.).

**See litigation note above**

Subsequent Trump and Court Action

2025.07.01 Reported: US Tells Court It Can’t Locate Man Wrongly Sent to El Salvador - Bloomberg

The Trump administration informed the Second Circuit Court of Appeals that it cannot locate Jordin Alexander Melgar-Salmeron, who was wrongly deported to El Salvador on May 7, despite a court order issued a week earlier requiring his return to the U.S. A Justice Department attorney stated that Melgar-Salmeron’s whereabouts and custodial status are currently unknown, though efforts to locate him are ongoing through diplomatic channels. Melgar-Salmeron v. Bondi, No. 23-7792 (2d Cir.).

**See litigation note above**

Subsequent Trump and Court Action

2024.07.02 First Amended and Supplemental Complaint - Abrego Garcia v. Noem

Kilmar Armando Abrego Garcia, a Salvadoran national granted withholding of removal in 2019, along with his U.S. citizen wife and son, filed a First Amended and Supplemental Complaint against Secretary of Homeland Security Kristi Noem and others.

The Complaint alleges that the Government's actions were in violation of federal law and the U.S. Constitution and requests that the court (1) order the government to restore the status quo ante by returning Abrego Garcia to Maryland, (2) issue a writ of habeas corpus to review Abrego Garcia's detention, (3) order the government to return Abrego Garcia to his prior Order of Supervision, (4) grant Plaintiffs costs and fees, as well as (5) other relief at law and in equity as justice may require. Abrego Garcia v. Noem, 8:25-cv-00951 (D. Md.).

**See litigation note above**