The attorneys representing Kilmar Abrego Garcia in his immigration lawsuits against the Trump administration on Thursday conceded that their client has been issued a final order of deportation in a submission to U.S. District Court Judge Paula Xinis, but argued that their client should not be detained by Immigration and Customs Enforcement (ICE) during the appeal process.
While the attorneys earlier this week submitted a filing announcing that Abrego Garcia “disputes the validity” of the final deportation order amended by Chief Immigration Judge Philip Taylor on December 11, and claimed that the window to appeal the decision expired in 2019, they appeared to reverse both positions in their Thursday filing, while maintaining their argument that the Obama-appointed judge should not dissolve her order blocking his detention by ICE.
“While an order of removal has now been issued (and such issuance is beyond the Court’s jurisdiction), it is not currently final,” the filing acknowledges, before noting, “Petitioner has 30 days to appeal the immigration judge’s order.”
As reported earlier this week by The Tennessee Star, the motion notes, “Indeed, the cover letter accompanying the order reminds the Petitioner of the availability of an appeal, which, if he avails himself of that opportunity, the order of removal will continue to be nonfinal.”
Abrego Garcia previously attempted to reopen his immigration case, and despite Taylor denying the request in October, his attorneys told Xinis on November 20 that they appealed the decision.
According to the Thursday filing, that appeal was declined for being irrelevant after Taylor amended the order last week.
The communication by the U.S. Department of Justice (DOJ) Executive Office of Immigration Review, notifying Abrego Garcia that his 2019 final deportation order had been modified, also informed Abrego Garcia and his attorneys that the appeal was due to the Board of Immigration Appeals (BIA) by January 12, 2026.
Abrego Garcia’s motion then argued that the lack of a final deportation order means that there is no imminent plan to deport the alleged human smuggler, justifying his continued release.
The Thursday filing did not seem to address the DOJ argument that Abrego Garcia should be returned to ICE custody, as the agency has authority to detain illegal immigrants whose immigration cases are not yet finalized.
Originally deported in March amid controversy, Abrego Garcia was returned to the United States after the DOJ unsealed its indictment against him in June. The indictment was released weeks after The Star reported that Abrego Garcia was stopped by Tennessee Highway Patrol (THP) in November 2022.
The traffic stop concluded, a THP spokesman told The Star, after the “Biden-era FBI” instructed troopers to release Abrego Garcia. A document released by the Trump administration revealed this year that the release came despite troopers suspecting human trafficking. The Star was recently recognized for its reporting on Abrego Garcia with the Dao Prize for Best Local Journalism.
Abrego Garcia has pleaded not guilty to the charges in the indictment, and his case is scheduled to reach trial on January 2027. He was release from ICE custody was ordered by Xinis last week, and the judge has scheduled a hearing for Monday to hear arguments over returning Abrego Garcia to ICE detention.
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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].
Photo “Kilmar Abrego Garcia” by WeAreCasa.
This is beyond ridiculous. Send the guy back to El Salvador.
I am STUNNED that it takes THIS MUCH EFFORT to kick an illegal out of this country. We are DOOMED!