On Friday, April 4 at the United States District Courthouse in Greenbelt, Judge Paula Xinis ruled that Kilmar Armando Abrego Garcia, 29, who lived with his family in Beltsville, was wrongfully deported to El Salvador and must be brought home by 11:59 p.m. on Monday, April 7. The government has appealed the ruling and, after a federal court in Virginia denied their request for a stay, on Monday appealed for the Supreme Court to overrule the judge’s order. On Monday evening, Chief Justice John Roberts paused the order of return while the court considers the case.
The defendants in Friday’s case were members of the United States government, including Secretary of Homeland Security Kristi Noem, Attorney General Pam Bondi, Secretary of State Marco Rubio and several directors of ICE (Immigration and Customs Enforcement). Attorney Simon Sandoval-Moshenberg represented Abrego Garcia and his wife, Jennifer Vasquez Sura, who was present in the courtroom.
Justice Department immigration lawyer Erez Reuveni (now on administrative leave) immediately let the judge know that his arguments on behalf of the government would be “frustrating,” and said, “the government made a choice here to produce no evidence.” Xinis pressed the attorneys on both sides to let her know if there was any legal reason for Abrego Garcia to have been picked up by ICE, but neither side had any evidence of probable cause, a warrant, a charge or any legal reason for ICE to detain him. Reuveni agreed, saying, “the facts are conceded. He should not have been removed.” Xinis responded, “From the moment he was seized, it was unconstitutional,” ascertaining that there was no evidence of any reason for El Salvador to hold him. Garcia has not been charged with any crime in either El Salvador or the U.S. He fled El Salvador at age 16 because he was being threatened by gangs. In 2019, a judge ruled that the threat against him was credible and granted “withholding of removal,” meaning that he should not be deported to El Salvador. In her ruling Xinis stated, “The record reflects that Abrego Garcia was apprehended in Maryland without legal basis on March 12, 2025, and without further process or legal justification, was removed to El Salvador by March 15, 2025.” Additionally, she found that his removal caused irreparable harm, and that the public interest lay in favor of his return.
Part of the government’s defense was that they had ceded control of Abrego Garcia to the sovereign government of El Salvador. Xinis questioned this, since the U.S. is paying El Salvador $6 million to house deportees at CECOT (Terrorism Confinement Center), a mega-prison established by Salvadoran president Nayib Bukele, and which Noem called “one of the tools in our toolkit.” Abrego Garcia’s attorneys pointed out that there was evidently “significant coordination between the governments,” adding “Kristi Noem was inside the walls of that prison last week,” and she was able to return to the U.S. Sandoval-Moshenberg quipped, “The government says ‘we’ve tried nothing and we’re all out of options,’” provoking laughter in the two courtrooms, overflowing with supporters of Abrego Garcia.
Outside the courthouse, dozens of supporters rallied. SMART, the sheet metal workers union of which he is a member, gathered, chanting in Spanish, “The people, united, will never be defeated.” The Rapid Response Choir, wearing pink vests, led several uplifting songs. After the ruling, clergy members spoke, including Rev. Michael Vanacore, Pastor of Pilgrim Church, United Church of Christ, who had called for clergy support in the courtroom. Members of the Greenbelt Peace and Justice community were also present, as well as CASA, a Latino and immigration advocacy and assistance nonprofit. The case hits hard with Greenbelters because, as one sign at the rally read, “We’re here to support our neighbor” after he was taken from his car by ICE while his five-year-old was in the back seat. For more on the protest, see page 6 of the April 10 issue.
After the ruling, Sandoval-Moshenberg was asked if he was celebrating, and he replied, “It’ll be a victory when Kilmar is home with his family.”
