U.S. District Court Judge Paula Xinis issued a scheduling order on Tuesday, announcing that the court will spend the remainder of April preparing for an April 28 briefing on whether to dissolve its injunction blocking the detention of Kilmar Abrego Garcia.
The Obama-appointed judge specifically repudiated the Department of Justice (DOJ) over its request for her to announce a decision by April 17, which is one day before the 60-day period to appeal her February order blocking the Trump administration from rearresting the citizen of El Salvador.
After first ordering Abrego Garcia released from federal detention last year, Xinis issued a formal injunction blocking the Trump administration from again detaining or deporting Abrego Garcia in February, leaving the DOJ with a 60-day window to file an appeal.
Late last month, the Trump administration asked Xinis to dissolve her order, citing the decision by U.S. Immigration and Customs Enforcement (ICE) to decline Abrego Garcia’s designation of Costa Rica as his preferred country for removal, as well as the steps taken by the administration to facilitate his removal to Liberia. It requested the judge issue her decision by April 17, and notified the court it would consider a non-answer the same as a denial.
By asking the judge to issue her decision by April 17, and notifying the court it would consider the motion denied without a response from Xinis, it appears the DOJ sought to preserve its ability to appeal the injunction, but Xinis was dismissive toward the request on Monday.
“Respondents cannot dictate the Court’s schedule or the outcome of the motion,” wrote Xinis. “Nor can they appeal a judicial order that does not exist.”
Xinis instead set dates for motions to be submitted to her court on April 13 and April 20, and scheduled a motions hearing on April 28, leaving the matter open as the window to appeal her February decision closes.
As Abrego Garcia’s federal immigration lawsuits proceed in Maryland, the federal human smuggling case against him hinges on the forthcoming decision by another Obama-appointed jurist, U.S. District Court Judge Waverly Crenshaw, who is weighing whether to toss the case for vindictive prosecution.
Originally deported to El Salvador amid controversy in March 2025, Abrego Garcia was returned to the United States in June, when the DOJ unsealed its indictment alleging he spent most of the last decade embroiled in a human smuggling ring. Abrego Garcia has pleaded not guilty.
Crenshaw originally cited remarks by DOJ officials as possible evidence of vindictiveness, though the DOJ produced two witnesses who testified last month that the investigation into Abrego Garcia began after The Tennessee Star reported that he was stopped by the Tennessee Highway Patrol (THP) in November 2022.
A spokesman for THP told The Star that Abrego Garcia was released at the instruction of the “Biden-era FBI,” despite a document released by the Trump administration showing troopers suspected human trafficking.
Last year, The Star was recognized for its reporting on Abrego Garcia with the Dao Prize for Best Local Journalism.
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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].
