The Supreme Court of the United States temporarily suspended the order of a judge who required President Donald Trump’s government to return to the end of the day a salvadoran that the government acknowledged to have been misleading to El Salvador.
Supreme Court President John Roberts, acting on behalf of the court, suspended the order of Federal District Judge Paula Xinis, for the government to return Kilmar García until the end of Monday, in response to a lawsuit filed by the man and his family that questions the legality of his deportation.
The Supreme Court action, called administrative suspension, gives the nine judges additional time to consider the government’s most formal request to block the order of the judge while the dispute in the case continues. Earlier this Monday, the 4th Federal Court of Appeals, based in Richmond, Virginia, denied the government’s request to freeze the judge’s order.
Xinis concluded that the US government had no legal authority to stop and deport as García, a saved migrant who lived legally in Maryland with a work permission, and ordered his return until 11:59 pm on Monday. As Abrica García was deported on March 15 on one of three high -level deportation flights to El Salvador, which included alleged members of Venezuelan gangs.
The Justice Department, in an action in the Supreme Court on Monday, stated that although Ábrica García was removed to El Salvador for “administrative error”, his effective removal from the United States “was not a mistake.” The mistake, the department’s lawyers wrote, was to remove it specifically to El Salvador, despite a deportation protection order he received in 2019.
Justice department lawyers said that García, as an alleged member of the MS-13 criminal gang, is no longer eligible for this protection. Trump’s government designated MS-13 as a foreign terrorist organization.
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There are no pending accusations against Aquargo García, who is married to an American citizen with whom he is raising a son’s child, as well as his wife’s two sons of a previous relationship. The lawyers of Abrego García deny the claim that he is part of a gang.
As Abrica García had a decision in 2019 in the United States that granted him protection against deportation to El Salvador after an immigration judge determined that he would face gang persecution in his home country to return.
The lawyers of Abrego García said in the action in the Supreme Court on Monday that there is no “no evidence in the record of this case that supports the government’s allegation that it cannot bring it back.”
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“Ábrica García has never been charged with a crime in any country. He is not sought by the government of El Salvador. He is in a foreign arrest only at the behest of the United States, as the product of a Kafka -style error,” his lawyers wrote.
Xinis found that the 2019 Order that prohibited the removal of Ábrica García to El Salvador was still in force. In the judge’s written decision issued on Sunday, Xinis wrote that “there was no legal basis for his arrest, detention or removal.”
The Justice Department told the Supreme Court that the judge’s order was equivalent to a judicial exaggeration.
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“The United States cannot guarantee success in delicate international negotiations, much less when a court imposes an absurdly compressed and mandatory deadline that enormously complicates the shuttle of foreign negotiations,” the department’s lawyers wrote.
“The United States does not control the sovereign nation of El Salvador, nor can they force El Salvador to follow the orders of a federal judge,” they added.
The Trump government, on March 15, deported more than 200 people to El Salvador, where they are detained in the huge anti -terrorism prison of the country, according to an agreement where the United States are paying $ 6 million to President Nayib Bukele’s government.