Trump admin not working to return Maryland man sent to El Salvador by error: Lawyer

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Despite US immigration and customs law enforcement (ICE), admitting that there is an “administrative mistake” when sending a man from Maryland to El Salvador – the Trump administration “shocking” does not seek his return to the United States, according to a new submission by the man’s lawyer.

Kilmar Armando Abrego Garcia, who has the wife of US citizens and a 5-year-old child, is currently in Secot, the famous prison in El Salvador, although a judge issued an order in 2019, which banned the authorities from deporting him to his homeland.

Simon Sandoval-Moshenberg, the lawyer representing Abrego Garcia, said on Wednesday, that if the actions of the Trump administration have the right to be left without a “compensation”, then the “immigration court orders are pointless”.

Salvadorant police escort claims members of the Venezuelan band Tren de Aragua, recently deported by the US government, to be imprisoned in prison for a prison of terrorism, in San Luis Talpa, El Salvador, March 16, 2025.

Presidency’s press secretary through Reuters

“This is an outrageous set of facts,” Sandoval-Moshenberg said in the submission. “If the actions of the defendants in this case are allowed to remain without compensation, then the detention of the statute of removal and the orders of the immigration courts are meaningless because the government can deport whom they want, where they want, and no court can do anything about it after it is made.”

Earlier this week, Sandoval-Moshenberg filed a lawsuit asking El Salvador’s government to return Abrego Garcia to the United States after being sent there “due to an administrative error”.

On Tuesday, White House press secretary Carolyn Levitus acknowledged the administrative error and called the Abrego Garcia leader of the MS-13.

“The administration maintains the position that this individual who was deported to Salvador and will not return to our country was a member of the brutal and vicious MS-13 gang,” Levitt said.

According to court records, in 2019, a confidential informant “advised that Abrego Garcia was an active member” of the MS-13 gang. 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.

“The defendants’ protest that the plaintiff is a member of the MS-13, their legal argument that he has been suspended for the argument of another, and the claim of the plaintiff that the band’s allegations arise from the lightest of unreliable anonymous informants will be addressed correctly to the immigration court,” Sandoval-Sandoval-Model Moisture said.

The alleged members of the Venezuelan criminal organization Tren de Aragua, who were deported by the US government, were detained at the Tecoluka Terrorism Center, El Salvador in a photo received on March 16, 2025.

Presidency’s press secretary through Reuters

Sandoval-Moshenberg has said that his client is “not a member or has no connection with Tren de Aragua, MS-13 or any other criminal or street gang” and said the US government “has never produced a jot of evidence in support of this unjustified accusation.”

In response, the government acknowledged the mistake, but said in the submission that since Abrego Garcia is no longer in the US custody, the court cannot order it to be returned to the United States, nor can the court order El Salvador to return it.

The new submission of Sandoval-Moshenberg in support of his preliminary order proposal comes days before a judge is planned to hear arguments in the Maryland case.

“The unborn-and their husbands and children of the United States and children-need to know that if this nation awarded them for protecting them, it will honor this commitment, even when political winds are shifted,” Sandoval-Moshenberg said.

The lawyer said the deportation of Abrego Garcia was done “by force”, not the law.

Last month, Abrego Garcia was stopped by ice staff who “informed him that his immigration status had changed.”

After being detained for the alleged gang accessories, he was transferred to a Texas detention center. He was then sent to El Salvador on March 15th.

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