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Appeals court won’t lift order to ‘facilitate’ Abrego Garcia’s return in blistering opinion

  • On Thursday, May 8, 2025, a panel of three judges from the Fourth Circuit Court of Appeals collectively declined to halt an order mandating the Trump administration to assist in Kilmar Abrego Garcia’s return from El Salvador.
  • This ruling comes after Abrego Garcia was wrongfully deported in violation of a court order from 2019 that prevented his removal, with the administration maintaining it cannot arrange for his return from El Salvador.
  • The appeals court sharply rejected government lawyers’ argument that lifting domestic obstacles suffices and emphasized Abrego Garcia’s due process rights were violated by deportation without charges.
  • Judge J. Harvie Wilkinson III, a Reagan appointee, authored the seven-page order condemning the administration’s position as "both extraordinary and premature" and warning of an "incipient crisis" in the rule of law.
  • The ruling heightens the conflict between the courts and the executive branch, indicating continued federal court involvement to enforce the migrant’s ordered return despite opposition from executive officials.
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Forbes broke the news in United States on Thursday, April 17, 2025.
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