Judge orders Kilmar Abrego Garcia’s release from custody-prohibits his rearrest
Judge Paula Xinis, a U.S. district judge, ordered Kilmar Abregro Garcia’s release from ICE custody. Xinis claimed that the Trump Administration had not received the final notice of removal for Garcia’s deportation. Xinis ordered Garcia to appear at an ICE facility. Garcia’s lawyer, realizing that Garcia could be arrested again, went back to the same Judge to get an order preventing Garcia’s rearrest. The request was granted.
From Fox News:
Abrego Garcia’s lawyer Simon Sandoval-Moshenberg said Friday that he will not be rearrested at the Baltimore ICE facility, citing a temporary restraining order granted by U.S. District Judge Paula Xinis.
“When Mr. Abrego Garcia received the notice leaving the detention center yesterday afternoon that he had a check-in this morning, it seemed like a terrible case of déjà vu, right? That he would just be freed in order to simply be cruelly rearrested again. So we were up late last night. Shortly after midnight, we filed an application for a temporary restraining order with Judge Xinis. And at 7:30 a.m., she granted the temporary restraining order, prohibiting Kilmar Abrego Garcia from being rearrested at this check-in today,” he added.
Xinis ordered Abrego Garcia released from the ICE Moshannon Valley Processing Center in Philipsburg, Pa., on Thursday on the grounds that the Trump administration had not obtained the final notice of removal order that is needed to deport him to a third country, including a list of African nations they had previously identified for his removal.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Xinis said in her order on Thursday.
The Justice Department is expected to challenge the order.
“This is naked judicial activism by an Obama appointed judge,” Department of Homeland Security spokesperson Tricia McLaughlin said in a social media post. “This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts.”
White House press secretary Karoline Leavitt told reporters Thursday afternoon that the Trump administration would “absolutely” be appealing Xinis’ order, which she described as another instance of “activism” from a federal judge.
Additional Reading:
Norman, G., Deppisch, B, & Nitzberg, A. (2025, December 12). Kilmar Abrego Garcia seen for first time since release, pledges to ‘continue to fight’ Trump admin. Fox News. Link.
Category: "Teh Stoopid", Government Incompetence, Society
“The court has made its ruling, now let them enforce it!” — Andrew Jackson
Leftists love criminals.
The judge simply should have proclaimed him “innocent of all current and future charges” and issued him a voter ID Card. It would have saved a lot of time.
President Autopen would’ve done that.
My personal opinion; F the DS and Rs!
What difference does it make?
Pick his ass up again and then also pick up the got-damn judges too and drop their asses in (your choice, maybe play Rock Paper Sisscors….
Somalia!
NInja
Nope, they might immigrate to Minnesota and become millionaires.
Yep!
Ok!!!!
What an asshole judicial activist, demanding that ICE obey the law. I know this is an unpopular opinion here, but unless we DO scrupulously obey the law, we are no better than the “Let ’em all in” Biden types.
The problem is he is making the law up as he goes.
What good would he be for democrats if he didn’t do just that.
If we scrupulously obeyed the law, Kilmar Abrego Garcia would’ve long ago been deported. There was an order prohibiting him from being deported back to El Salvador given the threats he faced. This order did not prohibit him from being deported to other countries.
His legal team is engaging in stalling tactics, especially since they take issue with the plans to deport him to an African country. Garcia’s advocates say that one of the other Central American countries would take him in. This is one of the sticking points.
What the above judge is doing is none other than third world nation BS… Something I recognize having lived in, deployed to, and vacationed in 3rd world countries. What I find astounding is fellow countrymen defending this action.
That judge is NOT obeying the law but is engaging in judicial activism and abusing court procedures to stall the inevitable.
Normally I say you don’t get a choice where you’re deported, but if Colombia or some other country will take him, and he wants to go there, we should send him there. Get him TF out of this place. No room for a human trafficking MS-13 member here.
At one point, it was reported that he was willing to be deported to Costa Rica. ICE should have taken him up on that offer.
He’s treating the law like a legal smorgasbord, picking and choosing what suits him politically.
Thank you Obama and Biden!
Neither of you 3 fuck sticks ever gave a damn about this country!!!
Fuck you both and all of your minions!!
Correct!! But that’s what “they” want!
Prepare!!!!!!
Seems like I have heard that before!
Maybe boasberg is on shaky legal ground now, and they are picking the next judge to stand in his stead. I mean, he’s the next randomly appointed judge to come up in the cue. Sorry, I misspoke.
Judges are far from perfect people but we give them the benefit of the doubt. Until they prove otherwise. The system itself is corrupt to a point that doesn’t always help.
This came across my inbox recently as a good example.
Read it, but anyone that served might want to have their blood pressure medications handy because it is likely to make you a little bit angry.
https://johnkassnews.com/corrupt-judge-steals-hundreds-of-thousands-of-dollars-from-heroic-tuskegee-airman-no-jail-time-but-keeps-her-juicy-pension/
Too many Judges.
Laws don’t mean crap.
We are a nation of Judges. My Judge vs your Judge.
Can we deport the judge?
No you fucking authoritarian bootlicker.
Move to fucking Russia if you don’t like due process you fucking stooge piece of shit.
“due process”
Ha ha, that’s a good one.
Do the constitution is a joke to you?
That explains a lot.
I don’t get it. What does that mean?
It means he says the first thing that pops into his head that makes his point, but he fails at doing that like 99% of the time.
His only point is on top of his head. A brainless pinhead.
Eloquent he is not.
I think you’ll find this place is full of people who’ve spent a hell of a lot of time defending the constitution. That includes you. The true joke is liberal activist judges making a mockery of due process and the constitution. Liberals. Your people.
Dismissed
I wished DemoKKKrats cared more about unborn babies then the do about human-trafficking, wife beating, gang member pieces of shit. Dems love to kill babies and keep murders and rapists running the streets. Keeping their voting base out jail is priority one!
Be quiet! Grown-ups are talking. If you can no more address someone with no more respect than a child trying out strong language to see if it fits, then put a sock in it.
When someone disagrees with me, I look forward to hearing why. This leads to discussion, perhaps changed minds due to new information, and growth.
Having childish temper tantrums is unbecoming to gentlemen.
Lars, you really need to seek help. Get your shit together.
Fuck you, dude. Can’t you understand a fucking joke?!
Oh, yeah. That’s right! The left absolutely has no sense of humor!!
This is not “due process”. This is a series of liberal, left wing judges acting as defense attorneys for a man who is illegally in the US. A man who has no legal right to be here. We can ignore any alleged gang membership, spousal abuse, or human trafficking, his mere presence is enough to get him deported. You call us stooges and bootlickers? Mighty bold talk from an ANTIFA medic. You consort with and aid terrorists, yet you feel you can stand in judgment of us? Your tantrums are our entertainment, your tears of rage our reward.
Now go away, before I taunt you a second time.
Okay genius…
What kind of due process do they get during immigration or removal proceedings? Are they limited because both are civil and not criminal?
Learn the difference about due process as it relates to immigration before you cite what you read on Reddit or heard on The View.
Lars:
Haha, you actually made laugh!
Nobody licks boots like you Commissar!
Can we add commissar as a traveling companion? The sale should read… deport one, and deport a second of equal or lesser value for free. The idea is there, it just needs to be fleshed out a bit.
That would be an excellent two-fer.
The government was caught lying to the court in this case on at least ten different occasions.
This prosecution was entirely invented to give the Trump administration an excuse mechanism to get him released from CECOT and brought back to the US without Trump looking weak, or admitting the administration made a mistake sending him there.
Whether this guy is a good guy or bad guy is irrelevant to the facts of this case and unlawful actions of the Trump administration, ICE, and the lies of the very few attorneys at the DOJ ambitious and unethical enough to lie in court to please Trump.
All people under the jurisdiction of the US government are entitled to due process. Trump has tried repeatedly to refuse to allow due process to hundreds of thousands of people.
And is maliciously prosecuting hundreds. The women they claimed attack ICE with her car and was shot five times. Proven to have been innocent and ICE lied to cover up the an unlawful shooting.
Thousands of US citizens have been unlawfully detained. Since the federal government has sovereign immunity there is little legal recourse.
Dozens of Americans have essentially been disappeared by ICE. Still being held or possibly deported and families are trying to find them.
And the Trump admin is currently entering into the largest defense contracts in history with AI firms to create the most massive and pervasive surveillance state ever imagined.
All of this is falling under the umbrella of Palentir and Peter Thiel. A literal unhinged psychopath that is obsessed with end times and the anti-Christ and doesn’t think humanity deserves to survive.
He is the one that bribed Trump into selecting Theil’s little minion JD Vance as VP. Which is why the choice seemed to come out of nowhere.
If you cared about freedom you would be outraged at the abuses of this administration.
But most of you are authoritarian personality bootlickers.
Take and F-scale test. And look in the mirror.
I don’t see how him being guilty of crimes (a “bad guy” as you ineloquently put it) could possibly be irrelevant to the case.
Also I’m not sure about most of your post like the woman; “Proven to have been innocent”? Since courts do no such thing.
or
“thousands of US citizens” being detained?
https://www.propublica.org/article/immigration-dhs-american-citizens-arrested-detained-against-will
More US citizens than that were arrested under Obama by ICE in 2015 alone.
Most of the rest of it seems to be some kind of thoughtless rambling and poorly worded, thinly veiled insults. Have you been drinking alcohol or consuming any recreational drugs today? If so, I don’t suggest posting anything else.
I think his affliction may have had something to do with lead paint.
“The women they claimed attack ICE with her car and was shot five times. Proven to have been innocent and ICE lied to cover up the an unlawful shooting.”
Show me your proof. Your word isn’t worth a pinch of shit.
“Thousands of US citizens have been unlawfully detained. Since the federal government has sovereign immunity there is little legal recourse.”
Detained. Not arrested. Mostly for interfering with law enforcement.
“Dozens of Americans have essentially been disappeared by ICE. Still being held or possibly deported and families are trying to find them.”
Show. Me. Proof.
You were really a commissioned officer? I’d love to see your OER’s.
Dismissed.
There is no final adjudication on the woman in Chicago since she hasn’t gone to trial. ICE says she rammed their vehicle (tbh the photos I have seen look like the damage was inconsequential) her attorney has a different story, as any defense attorney should. Had to narrow down the responses – most search hits came up with the guy ICE shot out west who they said was menacing them, whom witnesses said was trying to tell them children were in the area. The woman at least was indicted by a grand jury, though, so ICE is more successful in court than some of the other DOJ prosecutors who seem unable to get a prosecution even started.
His OERs all have the “this is a referred report” box checked.
Oh, Jurist Doctorate Shit head is going illuminate us with George Soros talking points and more Reddit lies. Anybody notice this POS’s first name is KIL-mar? The guy is a FUCKING ILLEGAL and a GOD DAMN CRIMINAL. Why don’t you open your home to him, his family and “MS-13 friends”? We know you will not because you don’t have the balls to practice what you preach.
Although he is a shit head, he has no advanced degrees. I have seen his Linkin page, he has no legal degree. He just pretends he knows something about the law. He knows very little, other than his daily talking points.
I’m outraged by all the time you steal from others here on TAH.
He should be carrying a potted plant at all times.
“Dozens of Americans have essentially been disappeared by ICE. Still being held or possibly deported and families are trying to find them.”
False and if you consider these people to be Americans (despite their illegal status), then you are one evil SOB:
https://www.ice.gov/newsroom
You bragged about shaking hands with those who want to destroy America.
You are a member of a domestic terrorist organization.
You are a domestic terrorist.
Opinion rejected. 🖕🏻
“Good guy or bad guy irrelevant” means you don’t care if the person is an evil scumbag that is a threat to American citizens. “All persons under the jurisdiction of the US Government are entitled to due process.” means that have to be under the authority of the US Govt., meaning there is a relationship between person and state. The illegals that come have no relationship, in fact some come to abuse our past generous nature. The rest of your post is generic flailing about because you are incapable of having a rational debate, and instead insult posters and tell them to look in a mirror. Maybe you should practice before you preach.
All of that BS that you typed and you didn’t cite one damn thing!!
Ok, so don’t arrest him. put him on permanent ‘detained’ status. Not arrested just detained
Cut his phukin head off and leave it under the judges bed covering.
Since ICE can’t arrest him again, have the US Marshals arrest his ass and take him back to Tennessee for the trafficking charges.