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Kilmar Abrego Garcia’s lawyer, the man at Maryland and the alleged gang member, who was deported by mistake in El Salvador, said on Monday that a contempt order may be needed to encourage the US government to return it from that country.
As stated by a federal judge, US officials over the weekend has confirmed in a court case that Abango Garcia is being held in Mega-Plalen from Cecot in El Salvador-Ni ignores the judge’s order to describe what steps the government is making to facilitate its return.
“At one point, if someone is held contempt, you can see a faster movement there,” said Benjamin Osorio, a lawyer at Abrego Garcia, told Abc News’s Start here.
Last week, the Supreme Court unanimously ruled that US District Judge Paula Sinis “correctly requires the government to” facilitate “the release of Abrego Garcia from arrest in El Salvador and to ensure that his case was being processed as he was not missed to El Salvador.”
The Supreme Court also said, “The government must be ready to share what it can in terms of the steps it has taken and the prospect of further steps.”
On Monday, US officials said they did not intend to take any steps to retrieve Abgo Garcia from El Salvador.
“It depends on Salvador,” said Prosecutor General Pam Bondi in a meeting of the Oval Cabinet with President Trump and the guest president of Salvador Naib Bouke. “If El Salvador … He wanted to return it, we would make it easier.”
This unpaid photo, provided by CASA, an immigrant advocacy organization in April 2025 shows Kilmar Abrego Garcia.
House through ap
Asked by reporters about Abrego Garcia, President Boukele replied, “I have no power to return it to the United States.”
“How can I smuggle a terrorist in the United States?” He added, repeating the Trump administration that Abrego Garcia was a member of MS-13.
Judge Sinis on Friday ordered the Trump administration to provide daily updates on Abrego Garcia’s status, after which another Abgo Garcia lawyer said he would ask the judge to “take the right steps” if the administration did not make a bona fide effort to answer.
“Whether it is DOJ or DHS to keep contempt and the judge to move there, we will see how it plays,” Osorio said on Monday. “I imagine that if they stop too much, you will see it.”
The lawyer said he was glad to hear from the administration that Abrego Garcia was “alive and well” because, he said, “as far as I know, no one, not his wife, not his lawyers, no one had contact with him.”
In his latest report to Judge Sinis, the Trump administration said on Monday that DHS did not “have the power to forcefully extract alien from the internal custody of a foreign sovereign nation.”
Salvadoran’s prison escorts, claims members of the Venezuelan band Tren de Aragua and the MS-13 gang recently deported by the US Government in Sekot Prison, El Salvador, April 12, 2025.
Presidency’s press secretary through Reuters
“DHS has established processes to take steps to eliminate internal obstacles that would otherwise prevent the alien from legally entering the United States,” writes DHS, acting General Advisor Joseph Mazara. “DHS does not have the authority to extract an alien from the internal custody of a foreign sovereign nation.”
Abrego Garcia, a native of El Salvador, whose wife is a US citizen and who has a 5-year-old child, has been issued a court order for 2019.
The Trump administration claims that Abrego Garcia is a member of the MS-13 gang, which his lawyers and his wife deny and argue in legitimate submissions that since Abango Garcia is no longer in the US custody, the courts cannot order him to be returned to the United States, nor can he order El Salvador to return it.
The hearing on Friday came a day after the supreme approved judge Sinis, who ordered the Trump administration to “facilitate” the return of Abrego Garcia to the United States.
On Saturday, President Donald Trump, talking to reporters, said he was not well aware of the case, but “if the Supreme Court said he returns someone, I will do it. I obey the Supreme Court.”
On Sunday, however, an ICE employee said in court documents that “ABREGO GARCIA membership in MS-13” makes it unacceptable to be removed from that country.
“I understand that he did not have to be removed in Salvador, as the immigration judge also provided an aband of the abrend Garcia for removal,” said ICE employee Evan Katz. “However, I also understand that Abrego Garcia is no longer eligible for retention because of its MS-13 membership, which is now a defined foreign terrorist organization.”
However, US officials publicly have no evidence that Abrego Garcia is a member of the MS-13 and he is not charged with any crime.
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