The legal battle continues as US District Judge Paula Xinis, appointed by Obama, gears up for a new hearing regarding Kilmar Abrego Garcia, an alleged MS-13 gang member. This comes after the Supreme Court unanimously ruled that the U.S. should facilitate his return from El Salvador.
This Friday, Judge Xinis has steadfastly decided to proceed with the hearing. Despite the Trump administration’s efforts to delay the hearing to next week, Judge Xinis denied the request, upholding her schedule.
A federal judge in Maryland says she’ll go ahead with Friday’s hearing in the case of Kilmar Armando Abrego Garcia, the Maryland man who was deported to El Salvador in error, after the Trump administration sought to delay the hearing until next week.
— ABC News
The Department of Justice (DOJ) sought to reschedule the hearing for Wednesday, April 16, aligning it with a meeting between El Salvador President Nayib Bukele and the White House. However, Judge Xinis stood firm, maintaining the original date.
Judge Xinis’ decision follows the Supreme Court’s late Thursday affirmation of her prior ruling, requiring the Trump administration to “facilitate” the return of Abrego Garcia, mistakenly deported to an El Salvador prison. The Judge demanded a supplemental declaration by 9:30 a.m. ET Friday, detailing Abrego Garcia’s current location and the steps for his return.
The DOJ requested an extension for the declaration. Nevertheless, Judge Xinis only extended the deadline by two hours.
Previously, Judge Xinis instructed the Trump Administration to return the alleged gang member from El Salvador’s notorious CECOT prison to the U.S. President Trump responded by requesting the Supreme Court’s intervention for an emergency stay of this order.
Supreme Court Chief Justice Roberts initially granted a stay on Xinis’ order. However, the Court later instructed Xinis to “clarify” her order while respecting the Executive Branch’s role in foreign affairs. It encouraged the Government to disclose its actions and plans for further steps.
The Justice Department’s plea to extend the Friday deadline for a response was partly met. The Judge only extended it to 11:30 a.m. on Friday. Yet, the DOJ failed to meet even this brief extension.
Trump Administration missed Judge’s order to file Declaration by 11:30 a.m.. . . because of course it did…it was an unreasonable deadline!
— ProfMJCleveland
April 17, 2025
