Judge Xinis grills DOJ at 7-hour hearing in Abrego Garcia case, vows swift ruling
U.S. District Judge Paula Xinis held a nearly seven-hour evidentiary hearing Friday, sharply rebuking Justice Department lawyers for producing an uninformed witness and refusing the government's request to delay, ordering a government witness with firsthand knowledge to explain plans and timelines to remove Kilmar Abrego Garcia to potential third countries (including Eswatini, Ghana, Uganda and Costa Rica) and saying she would issue a ruling "as soon as possible." Abrego Garcia — who was mistakenly deported to El Salvador, returned to the U.S. and faces federal human‑smuggling charges — was reportedly transferred to the Moshannon Valley detention center amid concerns about conditions, while a separate judge has ordered discovery and an evidentiary hearing into whether the prosecution was retaliatory.
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đź“Ś Key Facts
- U.S. District Judge Paula Xinis held a nearly seven‑hour evidentiary hearing in the Abrego Garcia removal case, sharply criticizing DOJ lawyers for being unprepared, saying a produced witness “knew less than nothing,” and vowing to issue a ruling “as soon as possible.”
- Xinis denied the Justice Department’s request to delay removal proceedings because of the government shutdown, ordered both sides back for a follow‑up hearing, and required the government to produce a witness with firsthand knowledge who will testify under oath about steps taken and the timeline to remove Abrego Garcia (including any plans involving Eswatini or Costa Rica).
- DOJ acknowledged identifying Uganda, Ghana and Eswatini as potential third‑country destinations but misstated Ghana’s and Eswatini’s positions; none of those countries has agreed to accept Abrego Garcia, and Ghana’s foreign minister publicly said Ghana will not accept him. ICE nevertheless told the court it is still pursuing removal efforts and said removal could be operationalized within 72 hours if a third country approves.
- Abrego Garcia was transferred to the Moshannon Valley Processing Center in Phillipsburg, Pennsylvania; his attorneys filed a notice raising concerns about reported assaults, inadequate medical care and insufficient food at that facility.
- Background: Kilmar Abrego Garcia was mistakenly deported to El Salvador in March, returned to the U.S. in June, pleaded not guilty to federal human‑smuggling charges (one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens), and faces parallel removal/deportation proceedings.
- In related immigration proceedings an immigration judge in Maryland declined to reopen Abrego Garcia’s immigration case and DHS has said his final order of removal remains in effect; Abrego Garcia can appeal that denial to the Board of Immigration Appeals.
- In a separate criminal matter, U.S. District Judge Waverly Crenshaw Jr. found “some evidence” the prosecution may be retaliatory, granted discovery and ordered an evidentiary hearing to test whether the smuggling charges were vindictive; a Nov. 3 evidentiary hearing is set on a motion to dismiss and to seek removal of extraneous allegations from the indictment.
- Defense counsel argues prolonged detention is unlawful under Supreme Court precedent limiting immigration detention (citing a 2001 decision) and contends that because the government relies on a 2019 removal order the presumptively reasonable detention period would have expired in 2020; Judge Xinis will decide whether Abrego Garcia remains detained or is released while his challenges proceed.
đź“° Sources (10)
US judge vows to rule 'soon' on Abrego Garcia's fate after marathon hearing
New information:
- The court held a nearly seven-hour evidentiary hearing on Friday; Judge Paula Xinis said she would issue an order 'as soon as possible.'
- Judge Xinis criticized the government for producing an uninformed witness, saying he 'knows less than nothing' about removal plans and countries under consideration.
- DOJ acknowledged it had identified Uganda, Ghana and Eswatini as potential third countries but misstated Ghana and Eswatini’s positions; none has agreed to accept Abrego Garcia.
- The judge pressed DOJ on why it has not pursued removal to Costa Rica, noting the plaintiff is willing to go and that Costa Rica is 'on the table.'
- The judge reiterated concern over contradictory government statements about which countries had agreed to take the plaintiff and when.
WATCH: Kilmar Abrego Garcia’s attorneys discuss ICE’s continued efforts to deport him to Africa
New information:
- ICE told Judge Paula Xinis it is still pursuing removal of Kilmar Abrego Garcia to Eswatini despite the country rejecting the transfer this week.
- Ghana’s foreign minister publicly stated Ghana will not accept Abrego Garcia.
- ICE deputy assistant director John Schultz said Abrego Garcia could be removed within 72 hours if a third country approves and the court allows it, adding, “We could quickly operationalize the removal.”
- Judge Xinis will decide whether Abrego Garcia remains detained or is released while his challenge proceeds and ordered officials to explain steps taken toward removal.
- In a parallel criminal case, Judge Waverly Crenshaw set a Nov. 3 evidentiary hearing on a motion to dismiss human smuggling charges; defense plans to seek removal of extraneous allegations (e.g., MS‑13 claims) from the indictment.
DOJ and lawyers for Kilmar Abrego Garcia set to meet in court again
New information:
- Hours before the Friday hearing, DOJ had not identified which administration official with first-hand knowledge would testify.
- Judge Paula Xinis specified the witness must address steps taken to remove Abrego Garcia to Eswatini or any other country, explicitly including Costa Rica, his designated preferred country of removal.
- DOJ argued the government shutdown hampered its ability to provide removal details; Judge Xinis rejected a pause and pressed for specifics, saying she was 'not sure what the heartburn is.'
- Defense cites the 2001 Supreme Court decision limiting immigration detention and argues that, because the government relies on a 2019 removal order, the presumptively reasonable detention period would have expired in 2020.
Judge denies Justice Department request to delay Kilmar Abrego Garcia case
New information:
- The judge denied the Justice Department’s request to delay the Kilmar Abrego Garcia removal/deportation proceedings citing the government shutdown as the DOJ’s reason for delay.
- CBS News reporter Camilo Montoya‑Galvez reported the denial on camera for CBS News coverage.
Federal judge loses patience with Trump DOJ as Abrego Garcia deportation stalls again
New information:
- Judge Paula Xinis explicitly blocked the government from delaying Abrego Garcia's deportation proceedings because of the government shutdown.
- Xinis scolded Justice Department lawyers for failing to provide answers and said the government bears the burden to come prepared ('You come to court prepared').
- The judge ordered both parties to return Friday for an evidentiary hearing and required the government to produce a witness with firsthand knowledge to testify under oath about plans to remove Abrego Garcia to Eswatini and the timeline for any removal.
- Xinis rejected the government's contention that the shutdown justified its lack of information and criticized a previously produced witness as having 'known nothing' and being unprepared.
Kilmar Abrego Garcia back in court as Trump administration pushes for deportation
New information:
- Garcia is back in a Maryland court this Monday as his legal team seeks to avert his deportation.
- The CBS report frames the case as the Trump administration pushing for Garcia's deportation.
- The story reiterates that Garcia was mistakenly deported to El Salvador in March.
Abrego Garcia wins request for hearing on whether smuggling charges are illegally 'vindictive'
New information:
- U.S. District Judge Waverly Crenshaw concluded there is 'some evidence' the DOJ prosecution may be retaliatory and granted discovery.
- Judge Crenshaw ordered an evidentiary hearing to test whether the human‑smuggling charges against Kilmar Abrego Garcia were brought as illegal retaliation.
- The ruling cites a Fox News remark by Deputy Attorney General Todd Blanche and notes the timing of DHS reopening an investigation and Abrego Garcia’s return from El Salvador (indicted May 21; charged June 6).
Immigration judge denies Kilmar Abrego Garcia's bid to reopen immigration case
New information:
- An immigration judge in Maryland formally declined to reopen Abrego Garcia's immigration proceedings.
- DHS publicly affirmed that Abrego Garcia's final order of removal remains in effect.
- The article reiterates procedural posture: Abrego Garcia can appeal the denial to the Board of Immigration Appeals.
Kilmar Abrego Garcia transferred to Pennsylvania detention facility
New information:
- ICE notified Abrego Garcia's lawyers that he was transferred to the Moshannon Valley Processing Center in Phillipsburg, Pennsylvania.
- The attorneys filed a federal-court notice raising concerns about recent reports of 'assaults, inadequate medical care, and insufficient food' at Moshannon.
- Article reiterates background: Abrego Garcia was wrongfully deported to El Salvador, returned to the U.S. in June and faces human-smuggling charges; the administration alleged MS-13 ties (which he denies and was not charged for).
Kilmar Abrego Garcia transferred to Pennsylvania detention center, attorneys say
New information:
- ICE notified defense counsel that Abrego Garcia was transferred to Moshannon Valley Processing Center in Phillipsburg, Pennsylvania on Friday (reported in a same‑day court filing).
- Defense counsel filed a status update to U.S. District Judge Waverly Crenshaw Jr. explaining why a motion regarding difficulties meeting at Farmville was not promptly filed; the court had earlier instructed counsel to file such a motion with an expedited briefing schedule after filings on Sept. 19 and Sept. 22.
- Abrego Garcia faces federal charges: one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens; he pleaded not guilty and was mistakenly deported in March and held in El Salvador before being returned to the U.S. in June.