ICE admits to an ‘administrative error’ after Maryland man sent to El Salvador prison

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A man from a protected legal status was sent to the notorious prison in El Salvador after an “administrative error”, American immigration and customs execution (ICE), recognized in a statement of oath on Monday.

Kilmer Armado Abrego-Garcia, who has the wife of US citizens and a 5-year-old child, is currently in Cecot, the notorious prison in El Salvador.

The filing is part of a new case filed by Abrego-Garcia’s lawyers who want the El Salvador government to return it to the United States after being sent there “due to an administrative mistake”.

In response, the government acknowledged the mistake, but said in the submission that since the abbro-gardia was no longer in the US arrest, the court could not order it to be returned to the United States, nor could the court order El Salvador to return it.

According to Abrego-Garcia’s lawyers in 2019, a confidential informant “advised that Abrego Garcia was an active member” of Gang MS-13. He later filed an I-589 request for asylum, and although Abango Garcia was found removable, an immigration judge “gave him a refusal to remove Salvador.”

But earlier this month, the abrega-gardia was stopped by ice staff who “informed him that his immigration status had changed.” After being detained for the band’s accessories, he was moved to a Texas detention center. He was then sent to El Salvador on March 15th.

“Abrego-gardia, a native and a citizen of El Salvador, was on the third flight and thus executed his order to eliminate Salvador,” says Robert L. Cherna, acting director of the Ice field in a sworn declaration. “This removal was a mistake.”

Police officers in Salvadoran Escort say members of the Venezuelan band Tren de Aragua recently deported by the US government to be imprisoned in prison for terrorism in San Luis Talpa, El Salvador, March 16, 2025.

Presidency’s press secretary through Reuters

Abrego-Garcia’s attorneys said he “is not a member or has no connection with Tren de Aragua, MS-13 or other criminal or street gang” and said the US government had never created Iota from evidence in support of this unjustified accusation. “

In response, the government said Abrego Garcia had the opportunity to provide evidence to show that it was not part of the MS-13. “Abrego Garcia had a complete and fair opportunity to look at the problem,” the government said. “He had the opportunity to give evidence to show that he was not part of the MS-13 he did not offer.”

In the submission, Yaakov M. Roth, the assistant assistant aid civil department for the Ministry of Justice said that the court did not have a jurisdiction to review the abroadion of Abgo Garcia and stated that the plaintiffs were seeking his release from Salvadoran’s custody through “financial pressure and diplomacy”.

Roth also added in the submission that it was not clear that “the abrego Garcia himself is likely to be tortured or killed in a secot.”

“Although there may be allegations of abuses in other prisons in Salvadoran – very little about the large number of detainees – it is not clear that the Abrego Garcia himself is likely to be tortured or killed in Secot,” Roth said. “More substantially, this court should postpone the government’s determination that Abrego Garcia is unlikely to be tortured or killed in El Salvador.”

In the sworn declaration, Cherno said the removal was “carried out in good faith”.

“It was supervision and the removal was carried out in good faith on the basis of the existence of a final order for removal and the alleged ABREGO-GARCIA membership in MS-13,” Cherna said.

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