Thursday, June 26, 2025

Meanwhile, Back In Maryland, USDC Judge Xinis Has Been Asked (By Abrego Garcia) To Order His Prompt Return To Her Court -- Since The Govt. Was Prevaricating In Nashville, Yesterday.


Yesterday in Nashville, Team Tangerine/Noem argued that it may decide (on its own) to move Mr. Abrego Garcia "out of Tennessee" (likely because they didn't draw a ruby red / Tangerine judge by lot, down there).

Quite correctly, the ACLU lawyers pointed out that Noem ginned up this criminal proceeding only after her "tatoos theory" turned out to be. . . a photoshop job / falsified evidence.

To blunt that additional abuse (diabolically called "diesel therapy" in the corrections industry -- of just driving detainees to god-forsaken locales to make it harder for counsel to help them), the lawyers filed an emergency motion saying the government must either prosecute the purported criminal matter where it alone chose to bring it -- i.e., in Nashville -- or it must do so in Maryland, where his All Writs Act civil case is pending, along the lines of a Habeas release, befor Judge Xinis. This motion should be granted:

. . .When his custody in the Tennessee criminal case ends, Kilmar Armando Abrego Garcia should return here, to the District of Maryland, where his civil litigation began and remains. The Government has stated that once Abrego Garcia is released from criminal custody, it will take him into immigration custody and again try to remove him to El Salvador, where it illegally removed him over three months ago. Plaintiffs therefore move under the All Writs Act and the Court’s inherent equitable authority for an order directing the Government to (1) return Abrego Garcia to the District of Maryland immediately upon his release from confinement in the criminal proceedings ongoing in the Middle District of Tennessee, see United States v. Abrego Garcia, No. 3:25-cr-00115 (M.D. Tenn.), and (2) refrain from removing Abrego Garcia from the continental United States or transferring him outside this District (other than to travel to Tennessee to participate in the criminal proceedings) absent further order of this Court. . . .

The last time the Government detained Abrego Garcia for removal, it transferred him “to detention facilities in Louisiana and La Villa, Texas” and then illegally removed him. ECF No. 31 at 4. In other high-profile immigration cases in recent months, the Government has engaged in a similar “pattern” of moving immigration detainees “to Louisiana or Texas” in an apparent “attempt at forum shopping.” Suri v. Trump, 2025 WL 1310745, at *13 (E.D. Va. May 6, 2025) (collecting cases). It is therefore likely that the Government will attempt to hold Abrego Garcia in immigration custody in a jurisdiction other than the District of Maryland, from where it will again seek to remove him to El Salvador. To preserve and protect this Court’s jurisdiction and proceedings, and to prevent frustration of the prior orders to treat this case as if Abrego Garcia had not been unlawfully removed, the Court should order the Government to return Abrego Garcia to the District of Maryland once his criminal custody ceases. . . .


Mr. Abrego Garcia clearly has the very best team of lawyers I've ever seen on an immigration matter. They have the whole of the federal government plethora of agencies. . . pinned now. And in two courts. Woot! Onward!

नमस्ते

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