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Tag: Kilmar

  • DOJ Pushed To Prosecute Kilmar Abrego Garcia Only After Mistaken Deportation, Judge’s Order Says – KXL

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    Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura leave the United States District Court District of Maryland, Monday, Dec. 22, 2025, in Greenbelt, Md. (AP Photo/Stephanie Scarbrough)

    NASHVILLE, Tenn. (AP) — A newly unsealed order in the criminal case against Kilmar Abrego Garcia reveals that high-level Justice Department officials pushed for his indictment, calling it a “top priority,” only after he was mistakenly deported and then ordered returned to the U.S.

    Abrego Garcia has pleaded not guilty in federal court in Tennessee to charges of human smuggling. He is seeking to have the case dismissed on the grounds that the prosecution is vindictive — a way for President Donald Trump’s administration to punish him for the embarrassment of his mistaken deportation.

    To support that argument, he has asked the government to turn over documents that reveal how the decision was made to prosecute him in 2025 for an incident that occurred in 2022. On Dec. 3, U.S. District Judge Waverly Crenshaw filed an order under seal that compelled the government to provide some documents to Abrego Garcia and his attorneys. That order was unsealed on Tuesday and sheds new light on the case.

    Earlier, Crenshaw found that there was “some evidence” that the prosecution of Abrego Garcia could be vindictive. He specifically cited a statement by Deputy Attorney General Todd Blanche on a Fox News program that seemed to suggest that the Department of Justice charged Abrego Garcia because he had won his wrongful deportation case.

    Rob McGuire, who was the Acting U.S. Attorney for the Middle District of Tennessee until late December, argued that those statements were irrelevant because he alone made the decision to prosecute, and he has no animus against Abrego Garcia.

    In the newly unsealed order, Crenshaw writes, “Some of the documents suggest not only that McGuire was not a solitary decision-maker, but he in fact reported to others in DOJ and the decision to prosecute Abrego may have been a joint decision.”

    DOJ officials did not immediately respond to a request for comment.

    The human smuggling charges stem from a 2022 traffic stop in Tennessee where Abrego Garcia was pulled over for speeding. There were nine passengers in the car, and state troopers discussed the possibility of human smuggling among themselves. However, he was ultimately allowed to leave with only a warning. The case was turned over to Homeland Security Investigations, but there is no record of any effort to charge him until April 2025, according to court records.

    The order does not give a lot of detail on what is in the documents that were turned over to Abrego Garcia, but it shows that Aakash Singh, who works under Blanche in the Office of the Deputy Attorney General, contacted McGuire about Abrego Garcia’s case on April 27, the same day that McGuire received a file on the case from Homeland Security Investigations. That was several days after the U.S. Supreme Court ruled in Abrego Garcia’s favor on April 10.

    On April 30, Singh said in an email to McGuire that the prosecution was a “top priority” for the Deputy Attorney General’s Office, according to the order. Singh and McGuire continued to communicate about the prosecution. On May 15, McGuire emailed his staff that Blanche “would like Garcia charged sooner rather than later,” Crenshaw writes.

    On May 18, Singh wrote to McGuire and others to hold the draft indictment until they got “clearance” to file it. “The implication is that ‘clearance’ would come from the Office of the Deputy Attorney General,” Crenshaw writes.

    A hearing on the motion to dismiss the case on the basis of vindictive prosecution is scheduled for Jan. 28.

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    Jordan Vawter

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  • Kilmar Abrego Garcia Is Freed From Tennessee Jail So He Can Rejoin Family In Maryland To Await Trial – KXL

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    Kilmar Abrego Garcia, center, leaves the Putnam County Jail, Friday, Aug. 22, 2025, in Cookeville, Tenn. (AP Photo/Brett Carlsen)

    NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia was released from jail in Tennessee on Friday so he can rejoin his family in Maryland while awaiting trial on human smuggling charges.

    The Salvadoran national’s case became a flashpoint in President Donald Trump’s immigration agenda after he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on criminal charges.

    Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case, which requires immigration officials to allow Abrego Garcia time to mount a challenge to any deportation order.

    On Friday, after two months, Abrego Garcia walked out of the Putnam County jail wearing a short-sleeved white button-down shirt and black pants and accompanied by defense attorney Rascoe Dean and two other men. They did not speak to reporters but got into a white SUV and sped off.

    The release order from the court requires Abrego Garcia to travel directly to Maryland, where he will be in home detention with his brother designated as his custodian. He is required to submit to electronic monitoring and can only leave the home for work, religious services and other approved activities.

    An attorney for Abrego Garcia in his deportation case in Maryland, Simon Sandoval-Moshenberg, said in a statement Friday his client had been “reunited with his loving family” for the first time since he was wrongfully deported to a notorious El Salvador prison in March.

    “While his release brings some relief, we all know that he is far from safe,” Sandoval-Moshenberg said. “ICE detention or deportation to an unknown third country still threaten to tear his family apart.”

    Earlier this week, Abrego Garcia’s criminal attorneys filed a motion asking the judge to dismiss the smuggling case, claiming he is being prosecuted to punish him for challenging his removal to El Salvador.

    In a statement Friday, defense attorney Sean Hecker reiterated his contention that his client was “unlawfully arrested and deported, and then imprisoned, all because of the government’s vindictive attack on a man who had the courage to fight back against the Administration’s continuing assault on the rule of law. He is grateful that his access to American courts has provided meaningful due process.”

    Abrego Garcia has pleaded not guilty to the smuggling charges, which stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was allowed to continue driving with only a warning.

    A Department of Homeland Security agent testified he did not begin investigating the traffic stop until this April, when the government was facing mounting pressure to return Abrego Garcia to the U.S.

    Abrego Garcia has an American wife and children and has lived in Maryland for years, but he immigrated to the U.S. illegally. In 2019, an immigration judge denied his application for asylum but granted him protection from being deported back to El Salvador, where he faces a “well-founded fear” of violence, according to court filings. He was required to check in yearly with Immigration and Customs Enforcement while Homeland Security issued him a work permit.

    Although Abrego Garcia can’t be deported to El Salvador without violating the judge’s order, Homeland Security officials have said they plan to deport him to an unnamed third country.

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    Jordan Vawter

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