Five immigration law professors filed an amicus brief in the Kilmar Abrego Garcia case, arguing that deporting him to Liberia, or any third country where he has no ties, constitutes punishment under the Constitution and requires additional review by the court for potential Eighth Amendment violations.
With Abrego Garcia unable to be returned to El Salvador due to a withholding of removal granted as part of his 2019 immigration case, Xinis issued an injunction earlier this year to formally block Immigration Customs and Enforcement (ICE) from detaining him, ruling the agency lacked a realistic plan to deport him from the country.
With Abrego Garcia unable to be returned to El Salvador due to a withholding of removal granted as part of his 2019 immigration case, Xinis issued an injunction earlier this year to formally block ICE from detaining Abrego Garcia, ruling it did not have a realistic plan to deport him from the country. Last month, federal lawyers notified the Obama-appointed jurist that ICE disregarded Abrego Garcia’s preference to be removed to Costa Rica, arguing it was made years too late to be considered, and that final plans were in place to deport Abrego Garcia to Liberia.
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