Kilmar Abrego Garcia v. Markwayne Mullin (Deportation, 4th Cir. 25-1345)
Case Overview
The government appealed Judge Xinis's order requiring the government to return Abrego Garcia to the United States from an El Salvador prison.
Legal Issues
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TikTok The Application
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
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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