The judge again orders the return of the man error to El Salvador

Greenbelt, md. (AP) – The decision of the American government to arrest a man from Maryland and send him to a notorious prison in El Salvador seems to be “entirely without law”, a federal judge wrote on Sunday in a legal opinion explaining why She had ordered The Trump administration to bring him back to the United States.

There is little or no evidence in support of a “vague, non -corroborated” allegation according to which Kilmar Abrego Garcia was once in the gang on rue MS-13, wrote the American district judge Paula Xinis. And in any case, she said, an immigration judge had expressly prohibited in the United States in 2019 from deporting Abrego Garcia to El Salvador, where he faced a probable persecution by local gangs.

“As the defendants recognize, they had no legal authority to arrest him, no justification to hold him, and no reason for sending to Salvador – not to mention one of the most dangerous prisons in the Western hemisphere,” Xinis wrote.

She said it was “breathtaking” that the government had argued that it could not be forced to bring Abrego Garcia back because it is no longer in police custody.

“They actually cling to the astonishing proposal that they can force anyone – migrant and American citizen – in prisons outside the United States, then affirm that they have no way of making the return because they are no longer the guardian”, and the court therefore does not lack jurisdiction, “Xinis wrote. “In practice, the facts say the opposite.”

The Ministry of Justice asked the 4th Circuit Court of Appeals to suspend Xinis’ decision.

Abrego GarciaA 29 -year -old Salvadoral national who has never been charged or found guilty of crime, was detained by immigration agents and expelled last month.

Abrego Garcia had a DHS license to work legally in the United States and was an apprentice in sheet metal pursuing a companion license, said his lawyer. His wife is an American citizen.

The White House described the expulsion of Abrego Garcia as an “administrative error” but also threw a member of the Gang MS-13. ABREGO GARCIA’s lawyers said there was no evidence that he was in MS-13.

In his order on Sunday, Xinis referred to the previous comments of the prosecutor of the Ministry of Justice suspended Erez Reveni in which Rebeni said: “We adopt that he should not have been moved to El Salvador” and that he replied “I do not know” when asked why Abrego Garcia was detained.

The Ministry of Justice has placed Rebeni on leave after making the comments.

Attorney General Pam Bondi, in an interview on “Fox News Sunday,” compared Rebeni’s comments to “an incoming defense lawyer, conceding something in a criminal case”.

“It would never happen in this country,” she said. “It is therefore on administrative leave now and we will see what is going on.”

Stacey Young, former lawyer of the Ministry of Justice and founder of Justice Connection, a network of former students of the department who works to support employees, published a statement that defended the reward and said that he had “represented the United States with some of the highest and controversial immigration administrations in the context of Obama, Trump and Biden.”

“The lawyers of the Ministry of Justice are put in an impossible position: obey the president or respect their ethical obligation towards the court and the constitution,” said Young. “We must all be grateful to the MJ lawyers who choose the principle rather than the policy and the rule of law in relation to partisan loyalty.”