29-year-old Kilmar Abrego Garcia, who lives in the state of Maryland, was one of over 200 undocumented migrants deported to El Salvador by the Trump administration on March 15. The majority of them have been described as gang members.
Judge Paula Xinis announced, however, on Friday that the 29-year-old should be brought back to the USA, no later than 23:59 on Monday, local time. This after he was detained "without legal grounds" and then deported "without further process or legal justification".
Abrego Garcia's lawyer denies that he belongs to a gang and says that he works as a sheet metal worker, reports Bloomberg. He has lived in the USA since 2019 with protected status since a judge decided that he can be harmed if he returns to his home country.
The Justice Department has admitted in court documents that Abrego Garcia, who is married to an American citizen, was deported due to an "administrative error".
The White House insisted earlier in the week, however, that Abrego Garcia belongs to a Salvadoran gang, and referred to non-public evidence.
The White House press spokesperson Karoline Leavitt also suggests on X that Xinis should contact El Salvador's President Nayib Bukele, saying "we have no knowledge of the judge having jurisdiction or authority over the country of El Salvador".
On Saturday, the Justice Department's lawyers urged an appeals court to overturn Xinis' decision.
