Months after the high-profile deportation case of an alleged MS-13 associate began with a removal and then mandated return to the United States, a judge has denied the request to stay Kilmar Abrego Garcia’s final deportation from the country.
In a copy of the decision obtained by ABC News, Regional Deputy Chief Immigration Judge Philip Taylor denied an emergency request from Garcia’s attorneys to reopen his case. The petition, filed in August, argued that Garcia’s removal from the U.S. followed by his return subsequently made him eligible to apply for asylum in the U.S.
‘This MS-13 gang member, human trafficker, domestic abuser, and child predator will never be loose on American streets.’
However, Judge Taylor argued in his denial to stay the removal on Wednesday that Garcia’s application for asylum would be “untimely,” considering that Garcia’s original immigration proceedings began nearly six years ago.
A large part of the long-running deportation case hangs on the Trump administration’s charge that Garcia is affiliated with the violent gang MS-13. His attorneys have delayed his deportation for fear of persecution tied to these accusations, which Garcia and his attorneys deny.
RELATED: Judge ‘absolutely’ forbids Trump administration to deport Kilmar Abrego Garcia — for now
Photo by Anna Moneymaker/Getty Images
The prosecution has also indicated that the Department of Homeland Security “may” deport Garcia to another country such as Uganda or Eswatini.
However, Judge Taylor argued that the defense’s argument about possible persecution in these countries was ultimately insubstantial.
“The word ‘may’ is permissive and indicates to the Court that in sending this notification to Respondent’s counsel, the Department sought to convey that it reserved the right to remove him to Uganda, not necessarily that it intended to do so, that it had decided to do so, or that it would do so imminently,” Judge Taylor said, according to ABC News.
“This MS-13 gang member, human trafficker, domestic abuser, and child predator will never be loose on American streets,” the DHS said in an X post on Wednesday evening. “His lawyers tried to fight his removal from the U.S. but one thing is certain, this Salvadoran man is not going to be able to remain in our country. He will never be allowed to prey on innocent Americans again.”
The Kilmar Abrego Garcia saga has stretched to this day since he was deported in March. He was then brought back to the United States to face human-trafficking charges in June.
The government shutdown, which began on the same day as this order, will delay deadlines for the case “by the total number of days of the lapse in appropriations,” as noted by the DOJ in the court document.
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