Federal judge says Kilmar Abrego Garcia's immigration case may have been "vindictive"
A federal judge in Tennessee said he believes the Justice Department's immigration case against Kilmar Abrego Garcia may have been "vindictive," writing on Friday that "The government had a significant stake in retaliating against Abrego's success."
Abrego Garcia, a Salvadoran national, was mistakenly deported from Maryland to his home country in March. He was brought back to the U.S. in June to face federal human smuggling charges.
On Thursday, an immigration judge declined to reopen his case, refusing his request to seek asylum in the U.S.
Judge says Abrego Garcia's case may have been "vindictive"
Federal Judge Waverly Crenshaw Jr. of the Middle District of Tennessee made the comments about Abrego Garcia's case during a round of court proceedings where Abrego Garcia's attorneys were able to dig into the Justice Department's decision-making this year.
Abrego Garcia's attorneys are attempting to have two criminal charges dismissed and are seeking evidence that they believe would show the Trump administration's approach to the case has been improper.
Crenshaw, an Obama appointee, hasn't made a final ruling yet on Abrego Garcia's attorney's claims of a wrongfully vindictive prosecution.
On Friday, Crenshaw said he would allow for evidence gathering and a hearing, which could include testimony from witnesses and potentially from Trump administration officials.
Who is Kilmar Abrego Garcia?
U.S. Immigration and Customs Enforcement (ICE) officials admitted that Abrego Garcia was wrongfully deported due to an "administrative error."
Abrego Garcia pleaded not guilty to accusations that he smuggled undocumented migrants into the U.S.
In July, a federal judge ordered that he be released on bond while awaiting trial, but he remained detained for several weeks due to concerns that he would be taken into custody by immigration officers.
Abrego Garcia was released from prison in August and was taken into custody a few days later after an interview with ICE officials in Baltimore.
After he challenged the legality of his arrest, a judge in Maryland prevented the Trump administration from deporting Abrego Garcia again.
