ABREGO GARCIA lawyers accuse Trump of pursuing “vindictive” in the race to reject the case

The lawyers of the Salvadoral Migrant Kilmar Abrego Garcia asked a Federal Judge of Nashville on Tuesday to reject a criminal case against him, arguing in a file that the indictment rendered by the Trump administration is equivalent to a “vindictive” and selective prosecution.

35 pages deposit Waverly Crenshaw was submitted Tuesday on Tuesday in the District of the Middle of Tennessee. He comes only two days before Greo Garcia was released on Friday from the Federal Guard, where he was detained for human smuggling in May, immediately after being returned to the United States from the Salvador at the end of a one-month legal fight.

Crenshaw and American judge Barbara Holmes had determined that Greo Garcia was eligible to be released from the criminal guard while waiting for the trial, although Holmes agreed to remain his release for 30 days, at the request of the lawyers of Abrego Garcia, who quoted the fears that he would be detained and immediately expelled.

Crenshaw, for his part, said in a 37 -page decision that the Ministry of Justice “provides no evidence that there is something in the history of Abrego, or its exposed characteristics, which justifies detention”.

The federal judge extends the arguments in the Abrego Garcia case, slaping the ice which “ knew nothing ”

US prosecutor General Pam Bondi and Secretary of State Marco Rubio sit nearby while President Trump meets the president of El Salvador, Nayib Bukele, in the oval office on April 14, 2025. (Win McNamee / Getty images)

He also shed cold water on the repeated allegations of the government according to which Abrego Garcia is a member of the Gang MS-13, a notion which he described as “fanciful”.

We do not know if Crenshaw will intervene and grant the request for rejection, filed Tuesday evening.

But that occurs while the case of Abrego Garcia remained at the center of a legal maelstrom of a month, the one who, according to criticism, allowed the Trump administration to test his courage on the application of immigration and his ability to slow down or escape compliance with federal courts.

The request of the lawyers of Abrego Garcia focuses squarely on the criminal indictment and the investigation carried out in the intermediate district of Tennessee, which stems from a stop of traffic in 2022 in the state.

His lawyers argued on Tuesday that the calendar of the investigation and the incentive show the “extreme lengths” to which the administration went in order to “make a criminal case” against their client.

But the case of Abrego Garcia is deeply complicated, involving duels, but inextricably linked to civil and criminal affairs which took place over about six months before distinct federal courts, on two continents and in dozens of audiences of status before various judges.

All the next stages of the case will therefore be rich in political reaction.

Friday, Friday the key keys in civil and criminal affairs involving Abrego Garcia: his expected liberation from the American guard in Nashville at the end of a 30 -day stay, will take place on the restrictions on his withdrawal which were imposed in a separate judicial order rendered by the judge of the American district Paula Xinis in Maryland last.

This order forces her to be transferred from Nashville to the nearest Ice detention center in Maryland. Lawyers told the court that they planned to escort it via private security, in the midst of concerns about the compliance of the Trump administration, as his family lawyers recognized at Fox News Digital in an interview last month.

ICE officials are also required to give Abrego Garcia 72 hours of opinion from the country of referral before starting the expulsion procedure, Xinis said in his order.

The immigrant Maryland wrongly expelled to El Salvador must return to us, rules of the Supreme Court

A demonstrator has a sign referring to the Center for Terrorism Confainment (CECOC), the controversial mega-prison in El Salvador, during a demonstration of May 1 against the immigration policies of President Trump in Houston, Texas, on May 1, 2025. (Ronaldo Schemidt / AFP via Getty Images)

The Abrego Garcia affair provoked the dismissal or the resignation of at least three government officials to the DHS and the Ministry of Justice, in particular the abrupt resignation of Ben Schrader, former federal prosecutor and former head of the criminal division of the American average district of Tennessee.

Schrader resigned from his post to the Doj on the same day that the Ministry of Justice obtained the indictment against Abrego Garcia.

His lawyers used the “Hail Mary” judicial file this week to state, in detail, the calendar of the civil trial and the criminal investigation of the Ministry of Justice on Abrego Garcia, who started when he was still detained in Salvador, they noted.

“Kilmar Abrego Garcia was distinguished by the United States government,” his lawyers said on Tuesday. “It is obvious why.”

The new deposit recounts, in extemporaine details, the history of the actions of the Trump administration in the legal saga of almost six months of Abrego Garcia, which lasted two continents and several federal courts – asserting its file among the deepest immigration battles to date to the second term of Trump.

In the request in dismissal, the lawyers of Abrego Garcia checked the calendar of his dismissal from the United States in March, during the first wave of flights of expulsion from Trump to El Salvador, as well as his possible return of months later. They detailed the calendar from the moment when the Ministry of Justice began its investigation into Abrego Garcia and when they obtained a federal accusation against him.

They argued that the calendar shows that the criminal affair was brought by the Trump administration “for precisely vindictive reasons” and, in their opinion, as a means of reprisals after the family of Abrego Garcia inserted legal action in the Maryland Disposations.

Judge Press Trump Doj on the deportation of Abrego Garcia; The answers leave the courtroom in an amazed silence

Kilmar Abrego Garcia’s wife, Jennifer Vasquez Sura, stands with demonstrators while gathering Garcia’s support outside the Federal Court during a hearing in Greenbelt, Maryland. (Jim Watson / AFP via Getty)

Abrego Garcia was sent back to the United States in May-months after Xinis, the Maryland judge presiding over the civil affair, ordered the Trump administration to facilitate his return to the United States. – A decision confirmed the Supreme Court in April.

The lack of government franchise and the pursuit of Stonewalling prompted Xinis to threaten a procedure of potential contempt earlier this year.

Upon his return to the United States in May, Abrego Garcia was immediately slapped by two accusations of human smuggling arising from the cessation of traffic in 2022, which aroused new concerns about the next stages of the government.

“We have increased the current concerns concerning the compliance of the Trump administration with all those involved,” in the case of Fox News Digital Chris Newman told Abrego Garcia’s family, in an interview.

The lawyers of Abrego Garcia noted on Tuesday that, in their opinion, the government “replied not out of contrition, or by an effort to correct its error, but by challenge”.

“A group of the highest officials of the United States asked for revenge: they started a public campaign to punish Mr. Abrego for having dared to retaliate, culminating in the criminal investigation which led to the accusations in this case,” said his lawyers in Tuesday.

“Rather than repairing his error and returning Mr. Abrego to the United States, the government retaliated at all levels of the federal judicial system. And at all levels, Mr. Abrego won,” they added. “This case results from the concerted effort of the government to punish it for having the audacity to retaliate, rather than accepting a brutal injustice.”

His lawyers urged Crenshaw to move quickly to reject the indictment.

The request for the rejection of the criminal affair occurs only a few days before Abrego Garcia was released on Friday, after the American judge Barbara Holmes and Crenshaw agreed to grant the 30 -day suspension requested by the legal team of Abrego Garcia.

Abrego Garcia to stay in us for the moment, the Doj agrees

Agriculture Secretary Brooke Rollins, Secretary of State Marco Rubio, President Trump and Attorney General Pam Bondi attend a meeting from the Cabinet to the White House in Washington, DC, on March 24, 2025. (Samuel Corum / Sipa / Bloomberg via Getty Images)

Trump officials, for their part, said that they would immediately seek to take Abrego Garcia in police custody and start referring the procedure to a third country. They told the Xinis court last month that the transfer would probably occur at the Federal Detention Center where he was currently detained.

In the file, lawyers noted the difficult burden of proof that the defense must satisfy, under the federal rule of criminal procedure, so that a court rejects an act of indictment based on “selective or vindictive prosecution”, because their deposit requests to judge Crenshaw.

Click here to obtain the Fox News app

“These motions are rarely made and rarely succeed,” they noted.

“But if there has never been a case of dismissal for these reasons, it is this case.”