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Joshua J. Friedman

3 months ago

Joshua J. Friedman
3 months ago

NEW: Maryland federal judge Paula Xinis orders the Trump administration to "facilitate and effectuate the return" of Kilmar Abrego Garcia—the man the govt admits it erroneously deported to El Salvador—by no later than Monday.storage.courtlistener.com/recap/gov.us...

§ 1231(b)(3)(A) and its implementing regulations, as well as the Fifth Amendment to the United States Constitution, the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), and other applicable legal protections.
Based on the record before the Court, I find that this Court retains subject matter
jurisdiction. I further find that: (1) Plaintiffs are likely to succeed on the merits because Abrego
MalGarcia was remove
El Salvador in violation of the Immigration and Nationality Act,
specifically,U.S.C. § 1231(b)(3)(A), and without any legal process; (2) his continued presence in El Salvador for obvious reasons, constitutes irreparable harm; (3) the balance of equities and the public interest weigh in favor of returning him to the United States; and (4) issuance of a preliminary injunction without further delay is necessary to restore him to the status quo and to avoid ongoing irreparable harm resulting from Abrego Garcia's unlawful removal. For the reasons stated above, the Court hereby DIRECTS Defendants to return Abrego Garcia to the United States no later than 11:59 PM on April 7th, 2025. A memorandum opinion further setting forth the basis for this ruling will be issued in due course.
Accordingly, it is this 4th day of April, 2025, by the United States District Court for the
District of Maryland, hereby ORDERED that:
1. Plaintiffs' Motion (ECF No. 6), construed as one for preliminary injunctive relief, is
GRANTED;
2. Defendants are hereby ORDERED to facilitate and effectuate the return of Plaintiff
Kilmar Armando Abrego Garcia to the United States by no later than 11:59 PM on
Monday, April 7, 2025;
3. This preliminary relief is issued to restore the status quo and to preserve Abrego Garcia's access to due process in accordance with the Constitution and governing immigration

statutes;
4. The Clerk is DIRECTED to TRANSMIT copies of this Order to the parties.
Paula Xinis
United States District Judge

ORDER GRANTING PRELIMINARY INJUNCTION
The Court has reviewed Plaintiffs' Motion for Injunctive Relief pursuant to Rule 65 of the
Federal Rules of Civil Procedure, along with supporting memoranda, reply briefs, and the record in this case. ECF No. 6. The Defendants named in this suit are the United States Secretary of Homeland Security, the Attorney General of the United States, the United States Secretary of State, the Acting Director of U.S. Immigration and Customs Enforcement ("ICE"), the Acting Executive Associate Director of ICE Enforcement and Removal Operations, and the Director of ICE's Baltimore Field Office (collectively, the "Defendants"). ECF No. 1.
Kilmar Armando Abrego Garcia ("Abrego Garcia"), a native of El Salvador, was granted withholding of removal in 2019, which prohibited his removal to El Salvador. The record reflects that Abrego Garcia was apprehended in Maryland without legal basis on March 12, 2025, and, without further process or legal justification, was removed to El Salvador by March 15, 2025.
Abrego Garcia is detained in El Salvador's Terrorism Confinement Center (Centro de
Confinamiento del Terrorismo or "CECOT"). Plaintiffs contend that his removal violated 8 U.S.C.

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