The U.S. Department of Justice (DOJ) announced in a court filing submitted Thursday that Kilmar Abrego Garcia, the alleged human smuggler and citizen from El Salvador who illegally immigrated to the United States in 2012, did not appeal the final deportation order issued last month.
Abrego Garcia’s decision came after he entered a 30-day appeal period after his final deportation order from 2019 was amended on December 11, 2025, following the decision by U.S. District Court Judge Paula Xinis, an appointee of former President Barack Obama, who declared the original language did not constitute a deportation order because it did not specifically order him deported to El Salvador.
“On January 5, 2026, Petitioner purported to waive his right to appeal the order,” wrote the DOJ attorneys representing the U.S. Department of Homeland Security in the immigration lawsuits filed by Abrego Garcia.
They confirmed, “Petitioner did not file an appeal to the Board of Immigration Appeals within the 30-day deadline.”
Because Abrego Garcia is now subject to a deportation order that meets the judge’s expectations, the DOJ argues that her December order releasing him from federal custody should be dissolved to facilitate his deportation within 90 days.
The filing also references Liberia, where the Trump administration sought to deport him last year, and notes that, despite claims that there is no path to deportation, Abrego Garcia’s own filings indicate that the Trump administration has sought his removal to the African nation.
Abrego Garcia’s attorneys have repeatedly argued that he could be legally deported only to Costa Rica, where the U.S. State Department obtained diplomatic assurances regarding his treatment as part of a plea deal he ultimately declined.
After declining the deal, Abrego Garcia announced that Costa Rica remained his preferred destination for removal, citing the assurances. Then, in an apparent contradiction, Abrego Garcia claimed he feared persecution or torture if removed to Costa Rica.
Originally deported in March 2025 amid controversy, Abrego Garcia was charged with human smuggling and returned to the United States last June, just weeks after The Tennessee Star reported the Tennessee Highway Patrol (THP) stopped him in November 2022.
Troopers discovered Abrego Garcia driving a vehicle owned by a convicted trafficker that was carrying 10 passengers who did not speak English, or have luggage or identification, and a DHS document showed troopers suspected human trafficking, but a THP spokesman told The Star that Abrego Garcia was nonetheless released at the instruction of the “Biden-era FBI.”
Abrego Garcia has pleaded not guilty to the human smuggling charges, and his case was originally scheduled for trial on January 27. U.S. District Court Judge Waverly Crenshaw, another Obama-appointed judge, last month canceled the trial in favor of an evidentiary hearing to consider Abrego Garcia’s claims of vindictive prosecution.
The Star was recognized for its reporting on Abrego Garcia with the Dao Prize for Best Local Journalism in 2025.
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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].
