A federal appeals court on Monday denied the Trump Administration’s request to stop a judge’s order to return alleged MS-13 gang member Kilmar Abrego to the United States.
The Fourth Circuit Court of Appeals also blasted the DOJ for suspending the DOJ immigration lawyer who repeatedly apologized to the judge last week during a hearing.
Fourth Circuit allows district court’s command that Trump return Garcia (El Salvadorian removed to El Salvador in violation of immigration order he could be removed from U.S. but NOT to El Salvador), to U.S. 1/ pic.twitter.com/GE6Kf5lb98
— Margot Cleveland (@ProfMJCleveland) April 7, 2025
Last Friday US District Judge of the US District Court for the District of Maryland, Paula Xinis ordered the Trump Administration to return an alleged MS-13 gang member to the United States after he was deported to El Salvador’s notorious CECOT prison.
Judge Xinis ordered the Salvadoran gang member to be returned by Monday at midnight.
“This was an illegal act,” Judge Paula Xinis told a Justice Department lawyer, according to Politico. “Congress said you can’t do it, and you did it anyway.”
The Trump Administration maintains Kilmar Abrego is a dangerous MS-13 gang member who was involved in human trafficking.
On Sunday Judge Xinis denied the Trump Administration’s request to lift her order demanding the return of alleged El Salvadoran MS-13 gang member Kilmar Abrego to the United States.
The judge said the Trump Admin’s “grievous error” to deport the Abrego “shocks the conscience.”
The Trump Admin appealed Judge Xinis’ order and later Sunday the Fourth Circuit Court of Appeals demanded a response from the attorneys for the deported El Salvadoran.
On Monday, the Fourth Circuit denied the Trump Administration’s effort to stop the return of Abrego.
The three-judge panel: Stephanie Thacker (Obama), Harvie Wilkinson (Reagan), and Robert King (Clinton) unanimously ruled against Trump and blasted the DOJ for suspending the immigration lawyer.
“[The] duty of zealous representation is tempered by the duty of candor to the court, among other ethical obligations, and the duty to uphold the rule of law, particularly on the part of a Government attorney,” the appeals court judges said.
The DOJ immigration lawyer, Erez Reuveni, repeatedly apologized to Judge Xinis during Friday’s hearing and apologized for the Trump Administration’s actions.
Reuveni said the Trump Admin deported Abrego to El Salvador in error. According to the immigration order, Abrego can be removed from the United States, he just could not be sent to El Salvador.
On Saturday, the DOJ lawyer was put on leave and Pam Bondi made it clear this behavior won’t be tolerated.
“At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences,” US Attorney General Pam Bondi said.
The Appeals Court judges blasted the DOJ and said the Trump Admin’s actions related to the deportation of Abrego will take us down a “path of perfect lawlessness.”
“The United States Government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process. The Government’s contention otherwise, and its argument that the federal courts are powerless to intervene, are unconscionable,” the judges wrote.
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