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.
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.
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.
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.
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.
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.