Kilmar Abrego Garcia v. Markwayne Mullin (Deportation appeal 2025)
The government removed Abrego Garcia to the CECOT prison in El Salvador despite a 2019 withholding-of-removal order. Judge Xinis ordered the government to facilitate and effectuate his return, and the government appealed and sought a stay.
The Fourth Circuit declined to stay Judge Xinis's order and rejected the government's argument that courts lack power to direct the Executive to facilitate the return, and the Supreme Court, with no noted dissent, left the facilitate order in place while clarifying the district court's authority over the "effectuate" component.
The government returned Abrego Garcia to the United States, where he was taken into criminal custody on federal charges in Tennessee that were later dismissed. The active dispute over his continued detention and any third-country removal proceeded in a separate case before Judge Xinis.
The appeal has been largely dormant, marked mainly by substitutions of the government officials named as parties; in June 2026 the Fourth Circuit issued a notice requesting a response to a court inquiry.
Legal Issues
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Overview
A second Fourth Circuit appeal in the Abrego Garcia litigation, this case addressed the government's challenge to Judge Xinis's amended return order after the Supreme Court directed the district court to clarify its directive. The Fourth Circuit again rejected the government's arguments, affirming that the judiciary had authority to enforce its orders requiring the government to facilitate Abrego Garcia's return from CECOT prison in El Salvador.
Overview
The government appealed Judge Xinis's preliminary injunction ordering the return of Abrego Garcia from El Salvador to the Fourth Circuit. The Fourth Circuit denied the government's emergency motion to stay the injunction, finding that Abrego Garcia's due process rights were at stake and that the government had not demonstrated a likelihood of success on the merits. The appeal raised fundamental questions about whether courts can order the executive branch to retrieve a person it illegally deported.
The Facts
In March 2025 the government removed Kilmar Abrego Garcia to El Salvador despite a 2019 order withholding his removal to that country. Judge Paula Xinis ordered the government to facilitate and effectuate his return. The government appealed to the Fourth Circuit and asked it to stay that order, and also sought relief from the Supreme Court.
Both courts declined to relieve the government of the obligation to facilitate his return. The government returned Abrego Garcia to the United States on June 6, 2025. The subsequent disputes over his detention and a proposed third-country removal have been litigated in a separate case before Judge Xinis.
The Issue
Issue
Whether a federal court can compel the executive branch to retrieve and return an individual who was allegedly illegally deported from the United States, and whether due process protections apply to such deportations.
The Rules
Rule
Due process requires procedural protections before deprivation of liberty through deportation; courts may issue preliminary injunctions against executive action that violates constitutional rights when the moving party demonstrates likelihood of success on the merits and irreparable harm.
The Application
Analysis
Judge Xinis found Abrego Garcia's due process rights were implicated in his deportation and issued a preliminary injunction requiring his return; the Fourth Circuit affirmed this finding, determining the government had not demonstrated a likelihood of success on the merits of its appeal.
The Conclusion
Conclusion
The Fourth Circuit denied the government's emergency motion to stay the preliminary injunction, keeping in place the order requiring Abrego Garcia's return from El Salvador while the underlying appeal proceeds on the separation of powers and due process questions.
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