The Tuesday hearing set by U.S. District Judge Paula Xinis in the second immigration lawsuit filed by Kilmar Abrego Garcia was abruptly canceled, with an immigration attorney representing the Salvadoran citizen saying the court was “unable to go forward” that day.
Abrego Garcia returned to the courtroom on Tuesday after the judge, an appointee of former President Barack Obama, scheduled a hearing for both sides to make their arguments for whether the Trump administration could deport him to Liberia.
Xinis previously barred U.S. Immigration and Customs Enforcement (ICE) from deporting him to Liberia, or rearresting him, prompting the U.S. Department of Justice (DOJ) to appeal.
The U.S. Court of Appeals for the Fourth Circuit earlier this year declined to take up the Liberia question, but said it would accept the appeal of Xinis’ decision to block ICE from rearresting Abrego Garcia.
Department of Homeland Security (DHS) Secretary Markwayne Mullin also said under questioning by the U.S. Senate that his agency would agree to deport Abrego Garcia to Costa Rica, where the Trump administration obtained diplomatic assurances about his treatment during failed plea deal negotiations last year.
According to The Associated Press, Abrego Garcia was waiting inside the courtroom on Tuesday with his attorneys, as well as the DOJ attorneys representing DHS and ICE, but the judge never took the bench. Instead, the outlet reported there was “a 15-minute conference,” and the hearing was canceled afterward.
“Unfortunately the court was unable to go forward today,” Simon Sandoval Mosheberg, who represents Abrego Garcia on his immigration lawsuits, reportedly said to media assembled outside the courthouse.
CBS News later said staff emptied the courtroom after the status conference. Attorneys representing Abrego Garcia and the Trump administration have reportedly declined to explain the delay.
Abrego Garcia was originally arrested by immigration authorities in March 2025. He was quickly deported to El Salvador, prompting nationally prominent Democrats to refer to him as a “Maryland man” and call for his return to the country.
He was originally issued a final deportation order in 2019, but the order included a withholding-of-removal provision that explicitly blocked his removal to El Salvador, prompting the U.S. Supreme Court to order the Trump administration to return Abrego Garcia so his legal case could continue.
Last April, The Tennessee Star reported that Abrego Garcia had previously been stopped by Tennessee Highway Patrol (THP) while driving in the Volunteer State in 2022. Troopers discovered he was driving a modified vehicle with nine Spanish-speaking passengers who carried no luggage, and suspected human trafficking, but ultimately released Abrego Garcia at the instruction of the “Biden-era FBI.”
Court documents confirm the investigation by Homeland Security Investigations (HSI) began after reporting from The Star and ultimately led to the human smuggling case against Abrego Garcia, which allowed the DOJ to extradite him from El Salvador.
U.S. District Judge Waverly Crenshaw, another Obama-appointed jurist, dismissed the case earlier this year for vindictive prosecution.
In 2025, The Star received the Dao Prize for Best Local Journalism for its reporting on Abrego Garcia.
– – –
Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
