Abrego Garcia fled El Salvador at sixteen in 2012. For many years he lived and worked in Maryland He was ultimately granted asylum by an immigration judge based on his credible fear of persecution by a gang. He established that his “life or freedom would be threatened in that country because of [his] race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1231(b)(3)(A).
An extraordinary saga followed, in which he was deported to a jail in El Salvador by the Department of Homeland Security. The facts are recited by United States District Judge Paula Xinis.
ABREGO GARCIA, Petitioner, v. KRISTI NOEM, et al., Respondents. * * * * * *** Civil Action No. 8:25-cv-02780-PX DMD
MEMORANDUM OPINION by Paula Xinis, D.J., District of Maryland
Kilmar Armando Abrego Garcia (“Abrego Garcia”) petitions this Court for a writ of habeas corpus to release him from the custody of Respondents, Secretary of the Department of Homeland Security (“DHS”) Kristi Noem, United States Immigration and Customs Enforcement (“ICE”) Director Todd Lyons, ICE Baltimore Field Office Director Nikita Baker, and Attorney General Pamela Bondi. ECF No. 1.
Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority. For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.
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The Court orders Respondents to release Abrego Garcia from ICE custody immediately. Thereafter, he will receive instruction from the United States Pretrial Services Office as to installation on the release conditions previously imposed in his criminal case.17
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