El Salvadoran Kilmar Armando Abrego Garcia was legally residing in the United States. He crossed the border illegally in 2011 but received in 2019 a stay of removal due to immigration court finding over his application for asylum, stating likelihood that he would be persecuted by gangs in El Salvador.  An allegation by a police officer in 2019 that Abrego Garcia by virtue of tattoos was a member of the M-13 was not pursued.  He is married, with a child, and lived in the Baltimore area.

On March 12, 2025 he was pulled over driving his car by ICE personnel and taken into custody, being told that his legal status in the U.S. was revoked. On March 15 he was flown with many Venezuelans to El Salvador’s CECO (Terrorism Confinement Center) prison. (A dispute over the legality of this and other March 15 flights is being addressed in D.C. District Court- James Boasberg.)

On March 24 Abrego Garcia’s spouse sued the government in U.S. District Court in Maryland (Judge Paula Xinis) to return Abrego Garcia from El Salvador. (Go here for the March 24 suit and here for The Atlantic article.)

On March 31 The government told Judge Xinis in court that Abrego Garcia’s deportation resulted from an “administrative error,” knowing before his deportation that an immigration court had approved his stay pending an asylum decision.

On April 4 Judge Xinis issued an initial ruling ordering the U.S. government to facilitate Abrego Garcia’s return from El Salvador by midnight April 7. She criticized the government’s lack of evidence for its claims and described his deportation as a “grievous error” that violated federal law. “As Defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador – let alone deliver him into one of the most dangerous prisons in the Western Hemisphere.” (Go here.)

The Trump administration appealed in the early hours of April 5 Judge Xinis’ order and requested an emergency stay of her decision. Among its arguments, the government said that the court has no power to force the government to retrieve a person in the custody of another country and asserted that Abrego Garcia had a “prominent role” in the M-13 gang. The government was relying solely on the assertion by a police officer in 2019. (Go here.)

Later on April 5 the government removed its attorney, Erez Reuveni, from the case and put him on administrative leave, cutting him off from email contact with the DOJ, criticizing him for displaying doubts about the case and expressing frustration with the failure of the government to respond to his requests for information. (Go here.)

On April 6, Judge Xinis reaffirmed her ruling in a scathing opinion. She rejected the administration’s argument that it lacked jurisdiction or authority to secure Abrego Garcia’s return. She emphasized that his detention in CECOT was “wholly lawless” and “shocks the conscience”. (Go here).