Top Headlines

Feeds

Judge Crenshaw Signals Potential Vindictive Prosecution While ICE Faces Civil Contempt

Updated (38 articles)
  • None
    None
    Image: AP
  • Eric C. Tostrud, President Donald Trump’s nominee to be a District Court Judge for the District Court of Minnesota, gives testimony during a U. S. Senate Judiciary Committee Hearing on Capitol Hill in Washington on Wednesday, April 11, 2018.(AP Photo/Harry Hamburg)
    Eric C. Tostrud, President Donald Trump’s nominee to be a District Court Judge for the District Court of Minnesota, gives testimony during a U. S. Senate Judiciary Committee Hearing on Capitol Hill in Washington on Wednesday, April 11, 2018.(AP Photo/Harry Hamburg)
    Image: Newsweek
    Eric C. Tostrud, President Donald Trump’s nominee to be a District Court Judge for the District Court of Minnesota, gives testimony during a U. S. Senate Judiciary Committee Hearing on Capitol Hill in Washington on Wednesday, April 11, 2018.(AP Photo/Harry Hamburg) Source Full size
  • Eric C. Tostrud, President Donald Trump’s nominee to be a District Court Judge for the District Court of Minnesota, gives testimony during a U. S. Senate Judiciary Committee Hearing on Capitol Hill in Washington on Wednesday, April 11, 2018.(AP Photo/Harry Hamburg)
    Eric C. Tostrud, President Donald Trump’s nominee to be a District Court Judge for the District Court of Minnesota, gives testimony during a U. S. Senate Judiciary Committee Hearing on Capitol Hill in Washington on Wednesday, April 11, 2018.(AP Photo/Harry Hamburg)
    Image: Newsweek
    Eric C. Tostrud, President Donald Trump’s nominee to be a District Court Judge for the District Court of Minnesota, gives testimony during a U. S. Senate Judiciary Committee Hearing on Capitol Hill in Washington on Wednesday, April 11, 2018.(AP Photo/Harry Hamburg) Source Full size

Judge Crenshaw Raises Vindictiveness Concerns in Garcia Case The U.S. District Court in Maryland noted a “realistic likelihood” that the human‑smuggling indictment against Kilmar Abrego Garcia is retaliatory, citing the two‑year delay after a 2022 traffic stop and statements from Trump‑era officials suggesting punitive intent [1][2]. The judge flagged possible DOJ involvement and warned the case could be dismissed if vindictiveness is proven [1][2]. Prosecutors countered that the body‑camera video and passenger count, not politics, drove the charge [1].

Prosecutor McGuire Claims Sole Authority Amid Contradictory Emails Nashville U.S. Attorney Robert McGuire testified that he alone decided to file the indictment, repeatedly stating “I did” and denying any direction from DOJ headquarters [2]. Internal emails, however, show Associate Deputy Attorney General Aakash Singh labeling the case a “top priority” and receiving draft charging documents from McGuire, contradicting his claim of independence [2]. Deputy Attorney General Todd Blanche had earlier linked Garcia’s civil suit to the criminal investigation, a connection the judge cited in her vindictiveness analysis [2].

Trump‑Appointed Judge Tostrud Holds ICE in Civil Contempt U.S. District Judge Eric Tostrud ruled that the federal government must reimburse $568.29 after ICE transferred detainee Fernando T. from Minnesota to Texas in violation of a temporary restraining order issued on Jan 20 [3]. The contempt order, effective March 1, names DHS Secretary Kristi Noem, Acting ICE Director Todd Lyons, and two ICE field office directors as jointly liable for the sanction [3].

ICE Transfer Violated Release Deadline and Property Return Fernando T. was released in El Paso on Jan 25, missing the court‑mandated 48‑hour release window and without his personal belongings after a winter‑storm‑canceled flight [3]. His attorney covered the $568.29 airfare and will be repaid by April 1 as ordered by the court [3]. Government counsel expressed remorse but denied intentional disregard, noting agency counsel was not consulted before the transfer [3].

Sources

Timeline

2015 – A federal immigration judge issues a protective order prohibiting the removal of Babson College freshman Any Lucia Lopez Belloza from Massachusetts or the United States, a stay later violated in 2025 [22][24][25].

2016 – An immigration removal order is entered against Lopez Belloza and her mother; the government later cites this order to justify her 2025 deportation [4][10][11].

2017 – The Board of Immigration Appeals dismisses Lopez Belloza’s appeal of the 2016 removal order, cementing the government’s claim of a valid order [4][10][11].

2019 – An immigration judge grants Kilmar Abrego Garcia a withholding‑of‑removal order, finding a well‑founded fear of gang violence in El Salvador and effectively blocking his deportation [17][15][16].

2021 – The United States grants Temporary Protection Status to hundreds of thousands of Venezuelans, including former opposition mayor Carlos García, shaping his later asylum claim [3].

2022 Feb – Carlos García illegally enters the United States, is apprehended, and released, later becoming subject to immigration proceedings after fleeing Venezuela [3].

2022 Jun – Kilmar Abrego Garcia is stopped in Tennessee for a traffic violation that reveals nine passengers and no luggage, later forming the factual basis for federal human‑smuggling charges [6].

2025 Mar – ICE mistakenly deports Kilmar Abrego Garcia to a Salvadoran mega‑prison despite the 2019 withholding order; the U.S. Supreme Court later orders his return to the United States [19][16][12].

2025 Nov 20 – Babson freshman Any Lucia Lopez Belloza is detained at Boston Logan Airport and, two days later, is flown to Honduras, contravening the 2015 protective order and a Nov 21 emergency 72‑hour stay [23][25][26][27].

2025 Dec 11 – U.S. District Judge Paula Xinis orders the release of Kilmar Abrego Garcia from immigration custody, finding no viable removal plan and issuing a temporary restraining order to keep him free [15][14][22].

2025 Dec 12 – Judge Xinis issues an immediate release order, sets a Dec 26 deadline for the government to file a brief on possible re‑detention, and imposes a temporary restraining order that bars ICE from re‑detaining Garcia, underscoring the court’s skepticism of the government’s removal strategy [20][21][18][28].

2025 Dec 13 – ICE complies with the restraining order; Garcia remains out of custody while his attorneys prepare a response to the government’s brief [17].

2025 Dec 15 – Judge Xinis again blocks any further detention of Garcia, describing the government’s actions as “naked judicial activism” and signaling an appeal, while Garcia’s lawyer argues the wrongful deportation resets his asylum filing deadline [16].

2025 Dec 22 – In a hearing, Judge Xinis questions the government’s credibility to honor removal limits, noting Garcia’s prior illegal deportation and the mischaracterization of Costa Rica’s willingness to accept him [15][30].

2025 Dec 23 – Judge Xinis orders the government to submit a brief on re‑detention by Dec 26 and Garcia’s lawyers to reply by Dec 30, maintaining the temporary restraining order that lets him spend Christmas with his family [14].

2025 Dec 28 – DHS Assistant Secretary Tricia McLaughlin posts a critical X on X about Garcia’s TikTok video, illustrating the administration’s public frustration amid a gag order restricting commentary on the case [13].

2025 Dec 31 – ICE files a declaration stating it will not detain Garcia again while Judge Xinis’s order remains in effect, acknowledging the court’s injunction and the pending Jan 28 hearing on his vindictive‑prosecution motion [28].

2026 Jan 2 – Chief District Judge Jill Parrish orders ICE to return deported migrant Federico Reyes Vasquez within 21 days, reinforcing judicial pushback against deportations that violate court orders [12].

2026 Jan 14 – The Trump administration apologizes in federal court for the Lopez Belloza deportation; Assistant U.S. Attorney Mark Sauter calls it an “inadvertent mistake by a single employee,” while Judge Richard Stearns declines to hold the government in contempt [11][10][4].

2026 Jan 15 – Judge Stearns notes jurisdictional questions but acknowledges the emergency order was violated without willful intent, and he explores remedies such as a student visa to return Lopez Belloza to Babson [4].

2026 Jan 16 – Lopez Belloza’s attorney files a motion demanding a court‑ordered plan within 14 days to restore her status, citing similar cases like Garcia’s and proposing options including a T‑visa or student visa, while the government maintains the 2016 removal order remains valid [26][27].

2026 Jan 28 – A hearing on the motion to dismiss Garcia’s human‑smuggling case on vindictive‑prosecution grounds takes place, allowing the court to assess whether the prosecution was retaliatory after his mistaken deportation [28][13].

2026 Jan 29 – ICE agents in plain clothes detain former Venezuelan opposition mayor Carlos García at his home in Hamilton, Ohio, during a routine status check; he is transferred to Butler County Jail pending a Feb 10 immigration hearing, raising non‑refoulement concerns if he is sent back to Venezuela [3].

2026 Feb 17 – Judge Paula Xinis issues a new injunction blocking ICE from re‑detaining Kilmar Abrego Garcia, building on a Dec 2025 emergency order and finding the government lacks a “good reason” to expect removal, while ICE’s attempts to deport him to African nations remain unfulfilled [2][8].

2026 Feb 23 – Trump‑appointed Judge Eric Tostrud finds the administration in civil contempt for moving detainee Fernando T. from Minnesota to Texas against a restraining order, ordering reimbursement of $568.29 and holding senior DHS officials jointly liable [7].

2026 Feb 26 – Nashville U.S. Attorney Robert McGuire testifies that he alone decided to indict Kilmar Abrego Garcia, stating “I did” and denying direction from DOJ headquarters; Judge Waverly Crenshaw notes a realistic likelihood of vindictive prosecution and cites internal emails showing Associate Deputy AG Aakash Singh’s involvement [1][6].

2026 Apr 1 (anticipated) – The government must reimburse $568.29 to Fernando T. for the civil‑contempt sanction, with the payment deadline set for April 1, illustrating ongoing enforcement accountability [7].

Social media (2 posts)

Dive deeper (8 sub-stories)

All related articles (38 articles)

External resources (16 links)