Latest news with #Sandoval-Moshenberg
New Indian Express
3 days ago
- Politics
- New Indian Express
Kilmar Abrego Garcia returns to US after Trump administration 'trafficked' him to El Salvador
Democrats and immigrant rights group had pressed for Abrego Garcia's release, with several lawmakers — including Sen. Chris Van Hollen of Maryland, where Abrego Garcia had lived for years — even traveling to El Salvador to visit him. A federal judge had ordered him to be returned in April and the Supreme Court rejected an emergency appeal by directing the government to work to bring him back. But the news that Abrego Garcia, who had an immigration court order preventing his deportation to his native country over fears he would face persecution from local gangs, was being brought back for the purpose of prosecution was greeted with dismay by his lawyers. The case also prompted the resignation of a top supervisor in the US attorney's office in Nashville, according to a person familiar with the matter who spoke on the condition of anonymity to discuss a personnel matter. Ben Schrader, who was chief of the office's criminal division, did not explain the reason for his resignation but posted to social media around the time the indictment was being handed down, saying: 'It has been an incredible privilege to serve as a prosecutor with the Department of Justice, where the only job description I've ever known is to do the right thing, in the right way, for the right reasons.' He declined to comment when reached by The Associated Press on Friday. Abrego Garcia's lawyer calls charges 'preposterous' 'This administration ... instead of simply admitting their mistake, they'll stop at nothing at all, including some of the most preposterous charges imageable," Sandoval-Moshenberg said. Ama Frimpong, legal director with the group CASA, said Abrego Garcia's family has mixed emotions about his return to the US. 'Let him talk to his wife. Let him talk to his children. This family has suffered enough,' she said. Sandoval-Moshenberg said Abrego Garcia is one of the first, if not the first, person released from a notorious prison in El Salvador, though he was later imprisoned at another facility. 'So it's going to be very interesting to hear what he has to say about the way in which he was treated,' the attorney said. The indictment, filed last month and unsealed Friday, lays out a string of allegations that date back to 2016 but are only being disclosed now, nearly three months after Abrego Garcia was mistakenly deported and following the Trump administration's repeated claims that he is a criminal. It accuses him of smuggling throughout the US thousands of people living in the country illegally, including children and members of the violent MS-13 gang, from Central America and abusing women he was transporting. A co-conspirator also alleged that he participated in the killing of a gang member's mother in El Salvador, prosecutors wrote in papers urging the judge to keep him behind bars while he awaits trial. The indictment does not charge him in connection with that allegation.
Yahoo
08-04-2025
- Politics
- Yahoo
Lawyer for man deported in error to El Salvador expects him to be returned to US
The attorney for Kilmar Armando Abrego Garcia, the Maryland man who was deported in error to El Salvador, said Tuesday that he expects Abrego Garcia to be returned to the U.S. Abrego Garcia -- despite having protected legal status preventing his deportation to El Salvador, where he escaped political violence in 2011 -- was sent to that country's notorious CECOT mega-prison following what the government said was an "administrative error." Trump administration officials have said Abrego Garcia is a member of the criminal gang MS-13, but his attorney Simon Sandoval-Moshenberg has disputed that, saying the government has provided no proof of their allegations. MORE: Supreme Court delays midnight deadline for Trump administration to fix mistaken deportation of Maryland man U.S. District Judge Paula Xinis ordered the Trump administration to return Abrego Garcia from El Salvador by Monday at midnight, before Supreme Court Chief Justice John Roberts on Monday issued a temporary administrative stay delaying the midnight deadline in order to give the court more time to consider the arguments presented by both sides. "[The order] just means that he recognized that the Supreme Court needs a little bit of time to do its work," Sandoval-Moshenberg told ABC News. "I have every expectation that the Supreme Court will rule quickly and will rule in our favor, because when push comes to shove, this is not an exceptional case. The only exceptional thing has been the way in which the government has dug in its heels on making right what they messed up." "Jennifer is really worried," Sandoval-Moshenberg said of Abrego Garcia's wife. "She expects and I expect that we are going to get him back." In the filing earlier Monday, Solicitor General D. John Sauer argued that a federal court cannot order a president to engage in foreign diplomacy, which he says is implicitly involved in any potential return of Abrego Garcia. "The Constitution charges the President, not federal district courts, with the conduct of foreign diplomacy and protecting the Nation against foreign terrorists, including by effectuating their removal," Sauer wrote. "And this order sets the United States up for failure. The United States cannot guarantee success in sensitive international negotiations in advance, least of all when a court imposes an absurdly compressed, mandatory deadline that vastly complicates the give-and-take of foreign-relations negotiations." Sandoval-Moshenberg, however, said that the government has not provided evidence that it would be impossible to return his client. "I don't think there's anyone in this whole country that doesn't recognize the glaring truth, which is that if we picked up the phone and just asked, he'd be on a plane in a day or two," Sandoval-Moshenberg said. Referring to the agreement El Salvador signed with the Trump administration to house migrant detainees, Sandoval-Moshenberg said, "El Salvador is doing all of this because we're paying them $6 million to do it, and we have an agreement with them." "The U.S. government is acting as if the Salvadoran government chose, for Salvador and legal reasons, to arrest him and incarcerate him," Sandoval-Moshenberg said. "That couldn't be farther from the case." MORE: ICE admits to an 'administrative error' after Maryland man sent to El Salvador prison Sandoval-Moshenberg called Abrego Garcia's arrest by U.S. authorities a "targeted action." "They went out, they stopped his car, they pulled him over, they pulled him out of the car, and they arrested him," Sandoval-Moshenberg said. "And he was actually with his 5-year-old child at the time, and they made him call his wife to come pick up the kid. This was a targeted action." Lawyer for man deported in error to El Salvador expects him to be returned to US originally appeared on
Yahoo
08-04-2025
- Politics
- Yahoo
Lawyer for man deported in error to El Salvador expects him to be returned to US
The attorney for Kilmar Armando Abrego Garcia, the Maryland man who was deported in error to El Salvador, said Tuesday that he expects Abrego Garcia to be returned to the U.S. Abrego Garcia -- despite having protected legal status preventing his deportation to El Salvador, where he escaped political violence in 2011 -- was sent to that country's notorious CECOT mega-prison following what the government said was an "administrative error." Trump administration officials have said Abrego Garcia is a member of the criminal gang MS-13, but his attorney Simon Sandoval-Moshenberg has disputed that, saying the government has provided no proof of their allegations. MORE: Supreme Court delays midnight deadline for Trump administration to fix mistaken deportation of Maryland man U.S. District Judge Paula Xinis ordered the Trump administration to return Abrego Garcia from El Salvador by Monday at midnight, before Supreme Court Chief Justice John Roberts on Monday issued a temporary administrative stay delaying the midnight deadline in order to give the court more time to consider the arguments presented by both sides. "[The order] just means that he recognized that the Supreme Court needs a little bit of time to do its work," Sandoval-Moshenberg told ABC News. "I have every expectation that the Supreme Court will rule quickly and will rule in our favor, because when push comes to shove, this is not an exceptional case. The only exceptional thing has been the way in which the government has dug in its heels on making right what they messed up." "Jennifer is really worried," Sandoval-Moshenberg said of Abrego Garcia's wife. "She expects and I expect that we are going to get him back." In the filing earlier Monday, Solicitor General D. John Sauer argued that a federal court cannot order a president to engage in foreign diplomacy, which he says is implicitly involved in any potential return of Abrego Garcia. "The Constitution charges the President, not federal district courts, with the conduct of foreign diplomacy and protecting the Nation against foreign terrorists, including by effectuating their removal," Sauer wrote. "And this order sets the United States up for failure. The United States cannot guarantee success in sensitive international negotiations in advance, least of all when a court imposes an absurdly compressed, mandatory deadline that vastly complicates the give-and-take of foreign-relations negotiations." Sandoval-Moshenberg, however, said that the government has not provided evidence that it would be impossible to return his client. "I don't think there's anyone in this whole country that doesn't recognize the glaring truth, which is that if we picked up the phone and just asked, he'd be on a plane in a day or two," Sandoval-Moshenberg said. Referring to the agreement El Salvador signed with the Trump administration to house migrant detainees, Sandoval-Moshenberg said, "El Salvador is doing all of this because we're paying them $6 million to do it, and we have an agreement with them." "The U.S. government is acting as if the Salvadoran government chose, for Salvador and legal reasons, to arrest him and incarcerate him," Sandoval-Moshenberg said. "That couldn't be farther from the case." MORE: ICE admits to an 'administrative error' after Maryland man sent to El Salvador prison Sandoval-Moshenberg called Abrego Garcia's arrest by U.S. authorities a "targeted action." "They went out, they stopped his car, they pulled him over, they pulled him out of the car, and they arrested him," Sandoval-Moshenberg said. "And he was actually with his 5-year-old child at the time, and they made him call his wife to come pick up the kid. This was a targeted action." Lawyer for man deported in error to El Salvador expects him to be returned to US originally appeared on
CBS News
04-04-2025
- Politics
- CBS News
Case of a Maryland father mistakenly deported to El Salvador goes before federal judge Friday
A federal judge will hear arguments Friday in the case of Kilmar Abrego Garcia, a Maryland father who the Trump administration admitted was erroneously deported to a prison in El Salvador. Abrego Garcia is suing several federal officials, alleging that a protection granted by a judge in 2019 should have kept him from being deported. He was removed from the country on March 15 and was sent to a supermax prison along with hundreds of alleged gang members. ICE officials blamed an "administrative error" and an "oversight" for Abrego Garcia's deportation, but have not taken action to rectify the mistake. "Every other time that that happened, as soon as I essentially convinced them that they messed up. Department of Justice, Department of Homeland Security, bent over backwards to try to fix it. Right now, they haven't taken a single step," Abrego Garcia's attorney Simon Sandoval-Moshenberg said. According to the lawsuit, Abrego Garcia does not have a criminal record and has never been charged with a crime in any country. His attorney said the deportation violated Abrego Garcia's "withholding of removal" order and occurred without legal proceedings. Abrego Garcia's attorneys will appear in court Friday to argue for his return to the U.S. His wife is also expected to appear for a rally ahead of the hearing, according to the Associated Press. Before an immigration judge granted him a "withholding of removal" protection order in 2019, Abrego Garcia was taken into police custody and questioned about alleged ties to an MS-13 group that operates in New York. During a court appearance, the only evidence presented was allegations from a confidential informant, according to his attorneys. Abrego Garcia was released from custody with the protection order. He returned to his home in Prince George's County and has since been working as a sheetmetal apprentice. He continued to appear for mandatory check-ins with ICE each year, with the most recent check-in occurring in January 2025. Abrego Garcia's attorneys are arguing for his return to the U.S. from El Salvador. ICE and the Department of Justice are opposing the request, arguing that federal courts do not have the authority since he is now being held by El Salvador. Attorney Sandoval-Moshenberg admitted that Abrego Garcia being in prison could present challenges. "When a violation of law has occurred, the court has power to order that that be remedied and that the parties be returned to their original positions. The only sort of problem in this case is that he's currently inside the jail, right?" Sandoval-Moshenberg said. Federal officials maintain that Abrego Garcia is a danger to the community due to alleged gang ties. "He's not a gang member. The allegations against him are based on whispers and shadows," Sandoval-Mosheberg countered. Some Maryland leaders have spoken out against the handling of immigration enforcement in the U.S. "Everybody, Republican or Democrat, should be concerned that people who were not supposed to be put on those planes and sent out of this country had that happen to them, period," said Baltimore Mayor Brandon Scott. Maryland Gov. Wes Moore also shared his thoughts on Abrego Garcia's deportation, urging federal officials to correct the mistake. "No one should be deported to the very country where a judge determined they will face persecution," Gov. Moore said in a social media post . "It's outrageous that due process means nothing to the federal administration."
CBS News
04-04-2025
- Politics
- CBS News
Federal judge to hear arguments in case of Maryland man mistakenly deported to prison in El Salvador
A federal judge will hear arguments Friday in the case of a Maryland father who the Trump administration admitted was erroneously deported to a prison in El Salvador. Kilmar Abrego Garcia is suing several federal officials, alleging that a protection granted by a judge in 2019 should have kept him from being deported. He was removed from the country on March 15 and was sent to a supermax prison along with hundreds of alleged gang members. ICE officials blamed an "administrative error" and an "oversight" for Abrego Garcia's deportation, but have not taken action to rectify the mistake. "Every other time that that happened, as soon as I essentially convinced them that they messed up. Department of Justice, Department of Homeland Security, bent over backwards to try to fix it. Right now, they haven't taken a single step," Abrego Garcia's attorney Simon Sandoval-Moshenberg said. According to the lawsuit, Abrego Garcia does not have a criminal record and has never been charged with a crime in any country. His attorney said the deportation violated Abrego Garcia's "withholding of removal" order and occurred without legal proceedings. Abrego Garcia's attorneys will appear in court Friday to argue for his return to the U.S. His wife is also expected to appear for a rally ahead of the hearing, according to the Associated Press. Before an immigration judge granted him a "withholding of removal" protection order in 2019, Abrego Garcia was taken into police custody and questioned about alleged ties to an MS-13 group that operates in New York. During a court appearance, the only evidence presented was allegations from a confidential informant, according to attorneys. Abrego Garcia was released from custody with the protection order. He returned to his home in Prince George's County and has since been working as a sheetmetal apprentice. He continued to appear for mandatory check-ins with ICE each year, with the most recent check-in occurring in January 2025. Abrego Garcia's attorneys are arguing for his return. ICE and the Department of Justice are opposing the request, arguing that federal courts do not have the authority since he is now being held by El Salvador. Attorney Sandoval-Moshenberg admitted that Abrego Garcia being in prison could present challenges. "When a violation of law has occurred, the court has power to order that that be remedied and that the parties be returned to their original positions. The only sort of problem in this case is that he's currently inside the jail, right?" Sandoval-Moshenberg said. Federal officials maintain that Abrego Garcia is a danger to the community due to alleged gang ties. "He's not a gang member. The allegations against him are based on whispers and shadows," Sandoval-Mosheberg said. Some Maryland leaders have spoken out against the handling of immigration enforcement in the U.S. "Everybody, Republican or Democrat, should be concerned that people who were not supposed to be put on those planes and sent out of this country had that happen to them, period," said Baltimore Mayor Brandon Scott. Maryland Gov. Wes Moore also shared his thoughts on Abrego Garcia's deportation, urging federal officials to correct the mistake. "No one should be deported to the very country where a judge determined they will face persecution," Gov. Moore said in a social media post . "It's outrageous that due process means nothing to the federal administration."
