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kilmar abrego garcia
Charges Against Kilmar Ábrego García Thrown Out After Judge Finds Vindictive Prosecution
"Our client... is freed of these outrageous, vindictive charges," said an attorney representing Ábrego García. "It’s a good day."
May 22, 2026
A federal judge on Friday dismissed criminal charges against Kilmar Ábrego García, the man whom the Trump administration unlawfully deported to El Salvador last year.
Judge Waverly Crenshaw of the United States District Court for the Middle District of Tennessee ruled that the US Department of Justice's (DOJ) case against Ábrego García should be thrown out on grounds of selective and vindictive prosecution.
In his ruling, Crenshaw likened the President Donald Trump's DOJ to a prosecutor who picked "the person first and the crime second" when it indicted Ábrego García on human smuggling charges last year.
Crenshaw, an appointee of former President Barack Obama, zeroed in on the fact that the DOJ reopened a three-year-old investigation into a Ábrego García mere days after the US Supreme Court unanimously ordered the Trump administration to facilitate his return to the US, arguing that the timing and other evidence established "likeliness of vindictiveness" of the government's case.
While the government provided arguments attempting to rebut claims of vindictive prosecution, Crenshaw ultimately found them unpersuasive and argued that the "new evidence" the government used to justify reopening the case was something that prosecutors should have discovered before with due diligence.
After an examination of the government's claims, Crenshaw found that its case against Ábrego García was reverse engineered to justify his unlawful removal to El Salvador—where he was imprisoned at the notorious Terrorism Confinement Center (CECOT).
"The objective evidence here shows that, absent Ábrego's successful lawsuit challenging his removal to El Salvador, the government would not have brought this prosecution," Crenshaw wrote in his conclusion. "The executive branch closed its investigation on the November 2022 traffic stop. Only after Ábrego succeeded in vindicating his rights did the executive branch reopen that investigation."
Sean Hecker, an attorney representing Ábrego García, celebrated the judge's ruling shortly after it was issued.
"We are going to savor this one," Hecker wrote in a social media post. "Our client, Kilmar Ábrego García, is freed of these outrageous, vindictive charges. It’s a good day."
Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, warned that Ábrego García is not yet out of the woods given that the Trump administration is still trying to deport him to Uganda even though he has said he would accept being deported to Costa Rica.
Reichlin-Melnick nevertheless said that this was a major victory against the Trump administration.
"It is extremely hard to win a vindictive prosecution motion," he wrote, "but here the evidence was so strong that the judge had almost no choice but to grant it."
New York University law professor Ryan Goodman described Crenshaw's ruling as an "extraordinary rebuke" of the Trump DOJ, and noted that it highlighted the role played by acting US Attorney General Todd Blanche in the vindictive prosecution "nearly 30 times."
Journalist Nathan Newman said that Ábrego García deserved praise for standing firm in the face of relentless pressure by the federal government and fighting back.
"When history is written," wrote Newman, "the bravery and tenacity of Kilmar Ábrego García in defiance of the Trump administration will deserve a hefty credit for building the resistance to Trump's evil. A good day."
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Judge Rules Trump Admin Must Give Due Process to Venezuelans Sent to El Salvador Torture Prison
"This ruling makes clear the government can't just send people off to a brutal foreign prison with zero due process and simply walk away," said an ACLU lawyer representing the men.
Dec 23, 2025
A federal judge has ruled that the Trump administration acted illegally when it deported over 200 Venezuelan nationals to a notorious prison in El Salvador without due process earlier this year.
On Monday, Judge James Boasberg of the US District Court for the District of Columbia ordered the Trump administration to submit plans by January 5 for 137 men to contest their designation under the Alien Enemies Act of 1798, which allows foreign nationals from "hostile" nations to be removed without hearings.
In March, Trump invoked the Alien Enemies Act to deport two planeloads of Venezuelan nationals to El Salvador without any explanation or court hearing. They were sent to a mega-prison known as the Terrorism Confinement Center, or CECOT, which is known to subject inmates to torture and severe deprivation, with zero contact with the outside world.
The administration claimed the men were members of the Venezuelan gang Tren de Aragua, which the administration referred to as a "hybrid criminal state" invading the United States. In reality, only a few dozen of the 238 men sent to CECOT had any criminal charges against them. As part of the US Immigration and Customs Enforcement's (ICE) efforts to fast-track their deportations, many were rounded up based solely on the fact that they had tattoos.
“Plaintiffs should not have been removed in the manner that they were, with virtually no notice and no opportunity to contest the bases of their removal, in clear contravention of their due-process rights,” Boasberg wrote.
Boasberg is the same judge who launched criminal contempt proceedings against the Trump administration in April for "willful disregard" of his order to stop the flights to El Salvador. A pair of Trump-appointed judges later halted those proceedings.
In a "60 Minutes" special that was recently spiked by CBS News' Trump-friendly editor-in-chief, Bari Weiss, several inmates testified to the conditions they were subject to inside CECOT.
"The first thing they told us was that we would never see the light of day or night again," said college student Luis Muñoz Pinto, who came to the US from Venezuela in 2024 through the legal asylum process. He said the CECOT director told prisoners, "Welcome to hell. I'll make sure you never leave."
According to a report published by Human Rights Watch in November, inmates were beaten daily, subject to sexual violence by guards, deprived of basic food, medical treatment, and hygiene, and forced to participate in degrading torture rituals.
Pinto, who now lives in Colombia, has no criminal record. "I never even got a traffic ticket," he said.
While the Trump administration claimed it no longer had jurisdiction over the prisoners once they were in El Salvador, and therefore could not follow court orders to bring them back to the US, this was belied by filings from the government of the far-right Salvadoran President Nayib Bukele at the United Nations, which stated that "the jurisdiction and legal responsibility for these persons lie exclusively" with the US.
The men detained at CECOT were then transferred, mainly to Venezuela, in July as part of a prisoner exchange for 10 US nationals.
Boasberg says the US government "maintained constructive custody" of the men while they were interned in CECOT and that it violated their rights to due process by not allowing them to contest the accusations that they were gang members.
He said the Trump administration must give them a "meaningful opportunity to contest their designation," by allowing them to return to the US for a court hearing. He said the government "could also theoretically offer plaintiffs a hearing without returning them to the United States so long as such a hearing satisfied the requirements of due process."
"This ruling makes clear the government can't just send people off to a brutal foreign prison with zero due process and simply walk away," said Lee Gelernt, an attorney for the ACLU, who served as lead counsel for the plaintiffs.
The Trump administration will almost certainly appeal the ruling. And while many of the former CECOT inmates may seek to return for their day in court, some say the experience has left them traumatized and fearful of returning to the United States.
Jerce Reyes Barrios, a professional soccer player and youth coach, returned to Venezuela after being released in July. According to his attorney, he was falsely accused due to a tattoo that the government claimed was a gang symbol, but was actually based on the Real Madrid soccer logo.
"I've focused my time on taking care of my daughters, coaching young kids, all to avoid those thoughts. At night, I sometimes have nightmares, and I feel like I'm still in CECOT," Reyes Barrios told ABC News. "At this moment, I'm not ready to decide if I want to fight this case."
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Federal Judge Issues Restraining Order Forbidding Agents From Re-Detaining Abrego Garcia
Judge Paula Xinis argued that Ábrego García was likely to suffer "irreparable harm" absent a court order barring ICE from imprisoning him.
Dec 12, 2025
A federal judge issued a restraining order on Friday morning barring federal immigration enforcement agents from re-detaining Kilmar Ábrego García, the man whom the Trump administration unlawfully deported to El Salvador earlier this year but who was released from custody on Thursday.
In the ruling, US District Judge Paula Xinis granted an emergency order sought by Ábrego García's attorneys to forbid the government from taking him back into custody when he appeared at the US Immigration and Customs Enforcement (ICE) Baltimore Field Office for a scheduled appointment later in the day.
The emergency order was necessary because the ICE Order of Supervision on Thursday night obtained a court order authorizing Ábrego García's removal from the US mere hours after Xinis ordered his immediate release from ICE custody after granting his habeas corpus petition.
In her ruling, Xinis argued that Ábrego García was likely to suffer "irreparable harm" absent a court order barring ICE from imprisoning him.
"If, as Ábrego García suspects, respondents will take him into custody this morning, then his liberty will be restricted once again," Xinis wrote. "It is beyond dispute that unlawful detention visits irreparable harm."
The Trump administration this past June complied with a Supreme Court order to facilitate Ábrego García’s return to United States after it acknowledged months earlier that he had been improperly deported to El Salvador, where a US immigration judge had ruled years earlier he faced direct danger from gang threats against him and his family.
While imprisoned in El Salvador’s infamous Terrorism Confinement Center (CECOT), Ábrego García’s attorneys allege he was subjected to physical and psychological abuse “including but not limited to severe beatings, severe sleep deprivation, inadequate nutrition, and psychological torture.”
Upon his return, the US Department of Justice promptly hit him with human smuggling charges to which he has pleaded not guilty.
President Donald Trump and Attorney General Pam Bondi have also accused Ábrego García of being a member of the gang MS-13, although they have produced no evidence to back up that assertion.
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