The Justice Department is seeking to revive criminal charges against Kilmar Abrego Garcia, filing a motion late Monday with a federal appeals court. The department argues that a lower court judge erred in his scathing ruling that dismissed the case against the man who was mistakenly deported from the United States.
Abrego Garcia, a Salvadoran national, was deported in March 2025 despite a court order blocking his removal. He was mistakenly sent to a notorious prison in El Salvador, where he remained for months before being released and allowed to return to the U.S. in May 2025.
The case has drawn international attention, with the Justice Department now asking the appeals court to reinstate charges related to alleged gang membership. The lower court judge had criticized the government's handling of the case, calling it a violation of due process.
Legal experts say the appeals court's decision could have significant implications for immigration enforcement and judicial oversight. The DOJ's motion argues that the judge overstepped his authority and that the charges should be allowed to proceed.
