A federal judge on Monday denied the Trump DOJ’s motion to dismiss MS-13 gang member Kilmar Abrego Garcia’s civil case.
US District Judge Paula Xinis, an Obama appointee, held a hearing on motions filed in Abrego Garcia’s case as he faces deportation to a third country.
Judge Xinis is considering several motions to dismiss this case.
She seems to chastise government attorney for Trump Administration saying they could not produce Abrego Garcia—yet six days later, they were able to get him from El Salvador and bring charges against him in…
— Mike Hellgren (@HellgrenWJZ) July 7, 2025
Kilmar Abrego Garcia is currently being held in pre-trial detention in Tennessee after a federal grand jury indicted him on child trafficking charges.
Obama appointed judge Judge Waverly D. Crenshaw, Jr., is presiding over the criminal case in Tennessee.
However, there is a separate Abrego Garcia case in Judge Paula Xinis’ Maryland court.
Xinis erupted on DOJ lawyers during the hearing on Monday.
The judge grilled DOJ lawyers over their federal case against Abrego Garcia that is in an entirely different court.
O’Hickey says Abrego Garcia was not indicted for the purpose of returning him to the United States.
Judge Xinis continues to question her and appears upset she has little information about how this unfolded but will not give specifics. @wjz
— Mike Hellgren (@HellgrenWJZ) July 7, 2025
An angry Xinis denied the motion to dismiss the civil case and argued that she has jurisdiction.
First government motion to dismiss is DENIED.
Judge Xinis says she has jurisdiction.
She says government “clearly had a plan” to indict in TN and calls Trump Administration’s position “clearly problematic.” She says government lacked “common courtesy and decency” to let Abrego…
— Mike Hellgren (@HellgrenWJZ) July 7, 2025
The DOJ said Abrego Garcia will be deported as soon as he is released from prison (a federal judge recently refused to release Abrego Garcia to shield him from deportation).
DOJ attorney GUYNN says the current plan is to deport Abrego Garcia to a third country if he is released from pretrial incarceration. He says the specific country hasn’t been determined yet.
— Kyle Cheney (@kyledcheney) July 7, 2025
Xinis demanded the Trump Administration produces witnesses to appear this Thursday to discuss
XINIS orders the administration to produce a witness/witnesses to appear Thursday to discuss its plans for Abrego Garcia if he is released from custody.
— Kyle Cheney (@kyledcheney) July 7, 2025
“It’s like trying to nail Jell-O to wall,” a frustrated Judge Xinis said after the DOJ refused to dictate their exact plans for Abrego Garcia.
XINIS, frustrated at inability to get clear answers from DOJ about what its plans are for Abrego Garcia:
“It’s like trying to nail jello to a wall”
— Kyle Cheney (@kyledcheney) July 7, 2025
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