Trump Admin Seeks To Dismiss Abrego Garcia Case Because He's Not In The US [View all]
Source: Newsweek
Published May 28, 2025 at 12:04 AM EDT | Updated May 28, 2025 at 8:53 AM EDT
The Department of Homeland Security (DHS) asked a judge on Tuesday to dismiss a lawsuit related to the deportation of El Salvadoran national Kilmar Abrego Garcia. Newsweek reached out to Abrego Garcia's lawyer via email Tuesday night for comment.
Why It Matters
Abrego Garcia was detained in 2019 and has since been accused of being a member of the MS-13 gang, which President Donald Trump's administration has designated as a foreign terrorist organization. He and his lawyer have denied involvement in the gang, but two judges concluded that he was an MS-13 member based on confidential information provided to the court.
Abrego Garcia was shielded from deportation to his native country because he said that he would be a target of MS-13's rivals. He was ultimately deported to El Salvador after being arrested in what Trump administration lawyers called an "administrative error" but not "misconduct." Abrego Garcia was being held at El Salvador's notorious Terrorism Confinement Center (CECOT) but has since been moved to another facility in his native country. He has not been convicted of a crime.
What To Know
In a court filing late Tuesday, the Trump administration said that a lawsuit seeking to repatriate Abrego Garcia should be dismissed because he's not in the U.S. The Court must dismiss Plaintiffs' claims against Defendants because, taking all factual allegations in their Complaint as true, they fail to establish subject-matter jurisdiction," the DHS said.
Read more: https://www.newsweek.com/trump-doj-kilmar-abrego-garcia-case-dismissal-2077763
Link to MOTION (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.165.0_3.pdf
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