Judge Paula Xinis criticized ICE’s witness for lacking specific case knowledge in Kilmar Abrego Garcia’s deportation hearing.
GREENBELT, Md. — The family of Kilmar Abrego Garcia and his legal team now wait for a U.S. District Judge’s decision about his future.
Thursday, U.S. District Judge Paula Xinis heard oral arguments from federal prosecutors and Abrego Garcia’s attorneys at what she said could be her last hearing in this case.
She also heard testimony from John Cantu — the ‘Acting Assistant Director’ of ICE’s Removal Division.
But, Judge Xinis expressed frustrations about Cantu as a witness because he didn’t have specific information about Abrego Garcia’s case.
At one point, the judge told federal prosecutors their witness, “didn’t know the meaning of the words in his own affidavit.”
Cantu was asked about the declaration order written that outlined Abrego Garcia’s potential deportation to Liberia.
He testified he was told by the Department of State’s Attorney that Liberia had agreed to take Abrego Garcia, not torture him, persecute, or send him to El Salvador. Cantu says he was also told that Costa Rica was off the table as a deportation option because they asked for other ‘contingencies’.
But, he also testified he didn’t have direct knowledge of the specifics of negotiations with other countries or what protections may or may not be in place.
Abrego Garcia’s legal team also picked apart Cantu’s testimony. They pointed out their client previously agreed to be deported to Costa Rica.
“I can’t think of any reason why we’re still fighting out this case and why he is still behind bars in a detention center in Pennsylvania when government could have sent him to Costa Rica months ago. That country has offered him protections,” said attorney Simon Sandoval-Moshenburg in a news conference after the hearing.
Thursday’s hearing also dealt with whether an official order of removal document was ever created for Abrego Garcia.
His legal team argues there isn’t one.
Prosecutors say the 2019 court order that states he should not be deported to El Salvador indicates there was a removal document.
The judge said she had not been presented with that official documentation.
The court injunction stopping Abrego Garcia’s deportation remains in place while Xinis weighs the case.
She did not give a timeline on when a decision could come.