Judge Blocks Further Detention, Kilmar Abrego Garcia Freed After Months in Custody
Updated (2 articles)
Judge Paula Xinis Issues Injunction Halting Deportation On Thursday a Maryland federal judge issued an order that bars any further detention of Kilmar Abrego Garcia and temporarily blocks attempts to deport him, citing a procedural flaw in the 2019 immigration decision that granted him withholding of removal but never issued a formal removal order[1]. The injunction follows a 2019 finding that Garcia faced a “well‑founded fear” of danger in El Salvador, which had previously protected him from removal[1]. Both reports note that the judge’s action directly prevents ICE from moving him to African countries as previously planned[1][2].
Supreme Court Mandate Triggers Return From El Salvador The Supreme Court earlier ordered the Trump administration to bring Garcia back to the United States after he was mistakenly deported to El Salvador in March 2025, where he endured imprisonment in a notoriously brutal facility[2]. After his return, ICE announced a series of removal plans targeting African nations, but those plans were halted by the Maryland injunction[2]. The Supreme Court decision and the subsequent judicial block are consistently reported across both articles.
Human‑Smuggling Charges Remain Unresolved Garcia continues to face federal human‑smuggling and conspiracy charges stemming from a 2022 traffic stop in Tennessee, where he pleaded not guilty and is seeking dismissal on grounds of selective prosecution[1][2]. Both sources indicate that the criminal case proceeds independently of his immigration battle, and his attorneys argue the charges are politically motivated[1]. The denial of a request to reopen his asylum case adds further complexity to his legal situation[2].
Government May Appeal, Raising Future Uncertainty The Department of Justice is expected to appeal Judge Xinis’s ruling to the Fourth Circuit, which could overturn the injunction if it finds the implied removal order sufficient to proceed[1]. The appeal could also revive ICE’s removal plans and potentially reopen the debate over Garcia’s eligibility for protection under the 2019 withholding order[1]. Both articles acknowledge that the outcome of the appeal will shape the next phase of the deportation dispute.
Sources
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1.
AP: Abrego Garcia Released from Immigration Detention; Judge Blocks Further Detention – Details Garcia’s Thursday release after a federal judge halted any further detention and deportation, outlines the 2019 withholding order, and notes possible appeal to the Fourth Circuit.
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2.
AP: Federal Judge Orders Immediate Release of Kilmar Abrego Garcia Amid Deportation Battle – Describes the Supreme Court‑mandated return from El Salvador, the blocked ICE removal plans, the denied asylum reopening, and the immediate release order issued by a Maryland judge.
Timeline
Mar 2025 – ICE mistakenly deports Kilmar Abrego Garcia to El Salvador, sending him to a notoriously brutal prison despite a Maryland judge’s earlier finding that a gang threatens his family. The error triggers a legal battle over his removal. [2]
2025 (Supreme Court) – The U.S. Supreme Court rules that the Trump‑era administration must return Abrego Garcia to the United States, overturning the mistaken deportation and setting the stage for his eventual release. [2]
Nov 21 2025 – A federal judge in Maryland orders ICE to release Abrego Garcia immediately, blocking the agency’s plan to relocate him to a series of African countries while his challenge to the deportation proceeds. [2]
Dec 11 2025 – Abrego Garcia walks out of immigration detention after U.S. District Judge Paula Xinis issues an injunction that halts any further detention and temporarily blocks his removal to Africa, citing a procedural error in the 2019 withholding‑of‑removal order. [1]
Dec 13 2025 – Judge Xinis formally blocks any attempt to deport Abrego Garcia to El Salvador or other African nations, noting that the 2019 immigration judge never issued a formal removal order, which is required for deportation to proceed. The government signals it may appeal the ruling to the 4th U.S. Circuit Court of Appeals. [1]
2019 – An immigration judge grants Abrego Garcia withholding of removal, finding a “well‑founded fear” of danger in El Salvador, but fails to issue the formal removal order that later fuels the procedural dispute. [1]
2022 – A traffic stop in Tennessee leads to federal charges of human smuggling and conspiracy against Abrego Garcia; he pleads not guilty and seeks dismissal on grounds of selective prosecution. [1][2]