An immigration judge has rejected a motion filed on behalf of Kilmar Abrego Garcia, leaving his final removal order in place.
Abrego Garcia’s attorneys filed an emergency motion in August, arguing that he should be eligible to apply for asylum after being deported to El Salvador earlier this year and then returning to the United States to face federal human trafficking charges in Tennessee. He has pleaded not guilty to those charges.
Regional Deputy Chief Immigration Judge Philip Taylor dismissed the motion as “untimely,” noting it was filed nearly six years after Abrego Garcia’s original immigration proceedings and exceeded the 90-day filing window required by law.
The filing also raised concerns that the Department of Homeland Security might deport Abrego Garcia to Uganda after receiving notice that the agency “may” pursue removal to a third country. Taylor ruled the argument lacked merit, explaining, “The word ‘may’ is permissive and indicates to the Court that … the Department sought to convey that it reserved the right to remove him to Uganda, not necessarily that it intended to do so, that it had decided to do so, or that it would do so imminently.”
Taylor further rejected claims that Abrego Garcia faced torture or death in El Salvador due to alleged gang affiliation. While acknowledging his detention in El Salvador’s CECOT prison, the judge found that guards did not target him specifically or treat him as an MS-13 member during his confinement.
Following the ruling, the Department of Homeland Security reaffirmed the removal order, stating, “With today’s ruling, Kilmar Abrego Garcia’s final order of removal stands. His lawyers tried to fight his removal from the U.S. but one thing is certain, this Salvadoran man is not going to be able to remain in our country.”
Abrego Garcia, who entered the United States illegally in 2012, had previously obtained a 2019 court order preventing deportation to El Salvador due to fears of persecution. Despite that order, he was deported in March and returned in June to face trial. He is currently being held at a detention facility in Pennsylvania.
