Trump’s administration maintains that the judge cannot order the return of the man expected by mistake to El Salvador

Washington (AP) – A federal judge did not have the power to order the Trump administration to negotiate the return of a man from Maryland who was expelled from the United States to a notorious El Salvador prisongovernment lawyers argued on Saturday As they urged a court of appeal to suspend the decision.

Friday, the American district judge Paula Xinis ordered the administration to “facilitate and make” the return of Kilmar Abrego Garcia to the United States before Monday evening. Lawyers from the Ministry of Justice asked the 4th Cour of American Appeals to immediately suspend the judge’s order.

“A judicial order which obliges the executive to engage with a foreign power in a certain way, and even less oblige a certain action of a foreign sovereign, is constitutionally intolerable”, they wrote.

The Court of Appeal asked Abrego Garcia lawyers to respond to the government’s deposit on Sunday afternoon.

Abrego Garcia, a 29 -year -old Salvadoran national, was arrested in Maryland and expelled last month despite the decision of an immigration judge in 2019 which projected him from the expulsion to El Salvador, where he was confronted with probable persecution by local gangs.

His erroneous expulsion, described by the White House as an “administrative error”, indignant a lot and raised concerns concerning the expulsion of non-citizens who obtained permission to be in the United States

Dozens of supporters gathered at the Greenbelt belt courthouse Maryland for Friday’s audience. A joy broke out in the courtroom when Xinis reigned in favor of Abrego Garcia, whose woman, American citizen, was present.

Xinis, who was appointed by President Barack Obama, said there was no legal basis for the detention of Abrego Garcia and no legal justification for his referral to El Salvador, where he was detained in a prison which, according to observers, is plagued by human rights violations.

Abrego Garcia’s lawyer Simon Sandoval-Moshenberg said that the government had done nothing to recover his client, even after admitting his mistakes.

“Many tweets. A lot of press conferences from the White House. But no real measure taken with the Salvador government to do things properly,” he told the judge on Friday.

The White House threw Abrego Garcia as a Member of the Gang MS-13 And doubled this complaint after Friday’s hearing. The lawyers of Abrego Garcia replied that there was no evidence that he was in MS-13.

Abrego Garcia had a DHS license to work legally in the United States, his lawyer said. He was an apprentice in sheet metal and continued his companion license.

Abreho Garcia fled El Salvador around 2011 because he and his family faced threats by local gangs. In 2019, an American immigration judge granted him protection against expulsion in Salvador.

Government lawyers say they have no control over Abrego Garcia and no authority to organize his return – “any more than they would have the power to follow an order of the court ordering them to” realize “the end of the war in Ukraine, or a return of the hostages of Gaza”.

“It is an injunction to force a foreign sovereign to return a foreign terrorist within three days. It is not a means of managing a government. And he has no basis in American law,” they wrote.