Judge Denies Justice Department Request to Delay Kilmar Abrego Garcia Removal Proceedings Amid Shutdown
A federal judge denied the Justice Department’s request to delay Kilmar Abrego Garcia’s removal proceedings despite the government shutdown, sharply rebuking DOJ lawyers, ordering the parties back Friday for an evidentiary hearing, and requiring the government to produce a witness with firsthand knowledge about any plan and timeline to remove him to Eswatini. Abrego Garcia — who was mistakenly deported to El Salvador in March, returned to the U.S., and faces human‑smuggling charges he denies — has also been transferred to the Moshannon Valley Processing Center in Pennsylvania amid attorneys’ concerns about conditions, while another judge has found “some evidence” the prosecution may be retaliatory and granted discovery.
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📌 Key Facts
- U.S. District Judge Paula Xinis denied the Justice Department’s request to delay Kilmar Abrego Garcia’s removal proceedings citing the government shutdown, scolded DOJ lawyers for being unprepared, and ordered both parties to return Friday for an evidentiary hearing.
- Judge Xinis required the government to produce a witness with firsthand knowledge who will testify under oath about any plans and timeline to remove Abrego Garcia (including referenced plans to remove him to Eswatini), criticizing a previously produced witness as having been unprepared.
- Separately, U.S. District Judge Waverly Crenshaw Jr. concluded there is “some evidence” the DOJ prosecution may be retaliatory, granted discovery and ordered an evidentiary hearing to test whether the human‑smuggling charges were brought as illegal vindictiveness, citing timing of the investigation and a public remark by Deputy Attorney General Todd Blanche (indictment May 21; charged June 6).
- Abrego Garcia faces federal human‑smuggling charges — one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens — has pleaded not guilty, and was mistakenly deported to El Salvador in March before being returned to the U.S. in June.
- ICE notified defense counsel that Abrego Garcia was transferred to the Moshannon Valley Processing Center in Phillipsburg, Pennsylvania; his attorneys filed a federal‑court notice raising concerns about reports of assaults, inadequate medical care, and insufficient food at that facility.
- An immigration judge in Maryland formally declined to reopen Abrego Garcia’s immigration proceedings, DHS says his final order of removal remains in effect, and he may appeal that denial to the Board of Immigration Appeals.
- Defense counsel filed a status update with Judge Crenshaw explaining why a motion about difficulties meeting at Farmville was not promptly filed after the court had ordered expedited briefing following Sept. 19 and Sept. 22 filings.
- CBS News reporter Camilo Montoya‑Galvez covered the denial on camera; major outlets frame the case as the Trump administration pressing for Garcia’s deportation.
📰 Sources (7)
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.