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US Supreme Court rules man wrongly deported to El Salvador must be returned

April 11, 2025

The US Supreme Court has unanimously ruled that Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador's Cecot prison, must be returned to the US, declining to block a lower court's order to "facilitate and effectuate" his return while also directing Judge Paula Xinis to clarify the extent of her authority in the matter. Following the 9-0 ruling, Judge Xinis has requested that the Trump administration explain by Friday morning how they will return Garcia to the US, though government lawyers have filed a motion to extend this deadline to Tuesday evening. The government has conceded that Garcia, who had previously been granted protection from deportation by an immigration judge due to potential persecution risks in his home country, was deported due to an "administrative error," though they also allege he is a member of the MS-13 gang, which his lawyer Simon Sandoval-Moshenberg denies.

Who is affected

  • Kilmar Abrego Garcia
  • Jennifer Vasquez Sura (Garcia's wife)

What action is being taken

  • The Supreme Court is requiring the government to return Garcia to the US
  • The Supreme Court is directing Judge Xinis to clarify her authority
  • Judge Xinis is requesting the administration explain how they will return Garcia by Friday morning
  • The government is filing a motion to extend the deadline to Tuesday evening
  • Garcia's lawyers are accusing the government of trying to "delay, obfuscate and flout court orders"
  • Jennifer Vasquez Sura is continuing to fight for her husband's return

Why it matters

  • Garcia was deported despite having protection from deportation granted by an immigration judge
  • The Supreme Court decision addresses the balance of power between judicial and executive branches in foreign affairs
  • Garcia is currently imprisoned in Cecot, El Salvador's notorious Terrorism Confinement Centre
  • The case has revealed administrative issues within the justice department, as attorneys filing motions are not registered to practice in Maryland
  • The Supreme Court unanimously ruled on this case despite having a 6-3 conservative majority

What’s next

  • No explicit next steps stated in the article

Read full article from source: BBC

US Supreme Court rules man wrongly deported to El Salvador must be returned