U.S. District Court Judge Paula Xinis concluded in a Thursday memorandum justifying her decision to release Kilmar Abrego Garcia from U.S. Immigration and Customs Enforcement (ICE) detention that the 2019 ruling by an immigration judge does not constitute a final order of removal, citing a 2019 decision by the Fourth Circuit Court of Appeals. The appellate decision cited by Xinis, however, is materially different than the case against Abrego Garcia.
Xinis, an appointee of former President Barack Obama, cited the circuit court’s Kouambo v. Barr, in which it was determined that no final order of removal was in place against the plaintiff, specifically because proceedings were still ongoing after the case was sent back to an immigration court with instructions for the U.S. Department of Homeland Security (DHS) to complete additional background and security checks.
The final paragraph of the case cited by Xinis states:
Because the [Board of Immigration Appeals] remanded his case to the [Immigration Judge] for background checks, the BIA order underlying Kouambo’s petition for judicial review is not a final order of removal. As such, we lack jurisdiction to consider the petition under 8 U.S.C. § 1252. The government’s motion to dismiss is granted, and Kouambo’s petition is dismissed for lack of jurisdiction.”
By contrast, the immigration case against Abrego Garcia was adjudicated and closed by Immigration Judge David M. Jones in 2019, when he issued a ruling that confirmed Abrego Garcia, through his attorneys, personally conceded the facts which determined he was eligible for deportation before an immigration court.
Jones wrote early in his 2019 decision regarding Abrego Garcia:
At a Master Calendar Hearing the Respondent, through counsel, admitted the factual allegations contained in the [Notice to Appear] and conceded removability as charged. Based on the Respondent’s admissions and concessions, the Court found his removability to be established by clear and convincing evidence as required by [Immigration and Naturalization Act] § 240(c)(3).”
Abrego Garcia recently sought to reopen his immigration case after he was detained by ICE following his August release from U.S. Department of Justice (DOJ) custody in Tennessee, but Immigration Judge Philip Taylor ruled that he could not reopen the case, as nearly six years had passed since Jones’ decision, far exceeding the one-month window for appeals.
After Taylor announced his decision on October 1, DHS said it meant Jones’ ruling was a final deportation order, and that it remains in effect six years later.
“With today’s ruling, Kilmar Abrego Garcia’s final order of removal stands,” wrote the agency in a post to X. “His lawyers tried to fight his removal from the U.S. but one thing is certain, this Salvadoran man is not going to be able to remain in our country. He will never be allowed to prey on innocent Americans again.”
As Taylor determined the case could not be reopened, and the government has not alleged new facts to claim Abrego Garcia entered the country illegally beyond those cited in the 2019 immigration case, it appears there is no path forward for Abrego Garcia to be deported from the United States without a successful appeal to the Fourth Circuit Court of Appeals.
DHS Assistant Secretary Tricia McLaughlin indicated in a Thursday statement to The Tennessee Star, which was later published to X, that the agency intends to appeal the decision.
This is naked judicial activism by an Obama appointed judge. This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts. https://t.co/HofO0X8S7o
— Tricia McLaughlin (@TriciaOhio) December 11, 2025
This is naked judicial activism by an Obama appointed judge,” said McLaughlin. “This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts.”
Originally deported amid contested circumstances in March, Abrego Garcia was returned to the United States weeks after The Star reported that he was pulled over by Tennessee Highway Patrol (THP) in November 2022. The return came after U.S. Attorney General Pam Bondi unsealed the indictment accusing him of participating in a human smuggling conspiracy for nearly a decade.
Troopers discovered Abrego Garcia was transporting nine passengers who did not speak English and carried no luggage or identification. A spokesman for THP later told The Star that the “Biden-era FBI” instructed troopers to release Abrego Garcia despite a DHS document showing they suspected human trafficking. The Star was recently recognized with the Dao Prize for Best Local Journalism for its reporting.
Abrego Garcia pleaded not guilty to the indictment, and his case is currently scheduled to reach trial by January 2026.
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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, wife Jennifer, and CASA representative Lydia Walther-Rodriguez” by We Are CASA.
When is the Trump administration going to go the Supreme Court and get this crap with Democrat Judges stopped? This is destroying this country’s justice system and making thus country the joke of the world!
Wait till 2028.
You thought it was fun under Biden’s fake presidency… You have not seen anything yet.
How much are the American tax payers paying for this loser? Eject him out of the country and stop stealing our money for BS crap like this! He is GUILTY!