The frustrated judge because civil servants reveal Abrego Garcia expulsion plans

Greenbelt, md. – Officials of the Ministry of Justice told a federal judge that he planned to start the procedure for referring to expel Salvadoral Migrant Kilmar Abrego Garcia in a third country this month – just an extraordinary admission of many heard by the American district judge Paula Xinis in a large audience of several hours which ended with little satisfactory answers for all parties.

Xinis ordered the Trump administration to produce a government official to testify on Thursday under the plans to take Abrego Garcia in police custody at his release from criminal guard in Tennessee and start the deportation procedure in a third country.

Lawyers from the Trump administration finally conceded on Monday that Garcia Garcia could be withdrawn from the United States from July 16 – just nine days from today.

Admission capped a remarkable day in court, and frustrating, which Xinis described as “to try to nail Jell-O on a wall”, while trying to determine the next stages of the government. She asked several times how civil servants could continue an immediate expulsion while simultaneously rising a federal criminal case against Abrego Garcia.

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The demonstrators gathered before the American district court of Greenbelt, Maryland, to protest against the expulsion by the Trump administration of Kilmar Abrego Garcia, who was sent to El Salvador in March in what the administration officials declared that they were an administrative error on July 7, 2025. (Breanne Deppisch / Fox News Digital)

Questioned by Xinis if the government planned to hold Abrego Garcia in police custody until his criminal affair in Tennessee was finished, the lawyers of the administration did not hay their words.

“No,” replied the prosecutor of the Ministry of Justice Jonathan Guynn.

“There is no intention of putting it in the limbo in police custody while we are waiting for the criminal affair to unfold,” Guynn told Xinis. “It will be deleted, just like any other illegal foreigner in this process.”

The rapid calendar by which those responsible for the Ministry of Justice plan to expel Abrego Garcia in a third country was only one of the many questions heard by Xinis, the Maryland judge who has presided over his civil affair since March, when Trump officials wrongly expelled him to Salvador.

Last week, Xinis ordered the two parties to appear in court for the first time since May, to consider a wave of duel requests that the Trump administration and the ABREGO Garcia lawyers had submitted after his return to the United States last month.

The judge did not immediately rule on each request on Monday.

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However, she categorically rejected two of the government’s requests to reject the civil affair, rejecting the previous affirmations of the Trump administration according to which she did not “have the power to force” El Salvador to return Abrego Garcia to the United States as “without merit”.

She also pressed those responsible for the Ministry of Justice for more details on the moment when they opened a federal investigation into Abrego Garcia in a separate district for actions resulting from a traffic cessation in 2022, and how the time of the investigation and the federal accusation were square with the government’s testimony in its own court.

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Pam Bondi, American prosecutor general, and secretary of state Marco Rubio (2nd R) are sitting nearby while the American president Donald Trump meets President Nayib Bukele of El Salvador in the oval office of the White House on April 14, 2025. (Photo of Win McNamee / Getty Images) (Win McNamee / Getty images)

Xinis perfected these duel deadlines on Monday, noting that, by the own admission of the government, he began to investigate Abrego Garcia in the District of the Middle of Tennessee on April 28, 2025 – at the same time as the officials said in court that the administration was powerless to order a foreign government to return Abrego Garcia, in accordance with the order of the courts.

“At the same time as (the government) said that he had” no power to produce “” Abrego Garcia in the United States, officials of the Trump administration had “already obtained an indictment against him in the district of the middle of Tennessee, right?” Xinis asked the lawyer for the Ministry of Justice Bridget O’hickey.

“Yes your honor,” replied O’hickey.

An incredulous Xinis noted that, six days later, the government said that they did not have the power to bring it back to the United States

“Now, I have real concerns – as if I haven’t done it for three months,” said Xinis in response.

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President Donald Trump, right, shakes the hand of the president of El Salvador, Nayib Bukele, during a meeting at the Oval Ovale Blanche office in Washington, on Monday, April 14, 2025. (Pool via AP)

Xinis put an end to the hearing on Monday by ordering the Trump administration to produce a witness to the Ministry of Internal Security to testify on Thursday in court as to the plans of the government to expel Abrego Gacia, once again, from the United States and a third country.

She said that this civil servant should have personal knowledge of the government’s plans and testify under the “who, what, when and where” government plans to expel Abrego Garcia in a third country.

“Given the series of illegal actions” here, I have the impression that it is good to order this audience-perhaps more than one-to hear the testimony of at least one witness with first-hand knowledge, which can answer these questions on the next immediate steps “of the government while waiting for the release of Abrego Garca de la Garde, she said.

Another discord point was the question of competence. Trump officials argued on Monday that Xinis no longer had his say on the status of guard of Abrego Garcia, or in any future immigration procedure involving Abrego Garcia – a refuted point suddenly and repeatedly by the judge.

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“No, I have a jurisdiction,” she retaliated at one point. “This ship has sailed,” she said.

“Without any indication that the same conduct will not be repeated, I do not find that the defense responded to its formidable burden.”