Judge Denies DOJ Delay in Salvadoran Deportation Case

U.S. District Judge Paula Xinis refused the Justice Department’s request to pause Kilmar Abrego Garcia’s deportation case during the government shutdown, saying the matter raises important legal questions and must proceed. Abrego Garcia, a Salvadoran national who was wrongfully deported to El Salvador in March and later returned to the U.S. to face federal human-smuggling charges, is now in ICE custody while the government explores removal to third countries including Eswatini and Uganda. At a hearing, Xinis pressed DOJ lawyers after they produced only emails notifying counsel about Eswatini, faulted prosecutors for unclear answers, rejected the government’s shutdown excuse for a blanket delay, gave the government a short deadline to produce more evidence and set an evidentiary hearing for Oct. 10, warning she may order his release if no concrete removal steps exist. Abrego’s attorneys say he should be released and note he would accept removal to Costa Rica, which has offered assurances he would not be returned to El Salvador. The court has barred removal from the continental United States for now.