SHOWDOWN: Judge Xinis Sets New Hearing for Alleged MS-13 Gang Member Kilmar Abrego Garcia After SCOTUS Ruling
US District Judge of the US District Court for the District of Maryland, Paula Xinis set a new hearing in the case of alleged MS-13 gang member Kilmar Abrego Garcia after the Supreme Court ruled the US must facilitate his return from El Salvador.
Xinis, an Obama appointee set a hearing for Friday afternoon.
The US Supreme Court on Thursday ordered the US to facilitate the return of alleged MS-13 gang member Kilmar Abrego Garcia.
The ruling was unanimous. There was no dissent.
ABC News reported:
A federal judge in Maryland says she’ll go ahead with Friday’s hearing in the case of Kilmar Armando Abrego Garcia, the Maryland man who was deported to El Salvador in error, after the Trump administration sought to delay the hearing until next week.
The Justice Department on Friday morning asked U.S. District Judge Paula Xinis to reschedule the hearing for Wednesday, April 16, two days after El Salvador President Nayib Bukele is scheduled to meet with the White House — but the judge, in a filing, kept the hearing date as scheduled.
Judge Xinis scheduled the hearing after the U.S. Supreme late Thursday affirmed her earlier ruling ordering the Trump administration to “facilitate” Abrego Garcia’s return to the United States after he was mistakenly sent to an El Salvador prison last month.
Judge Xinis had also ordered the Trump administration to file, by 9:30 a.m. ET Friday, a supplemental declaration from an individual with personal knowledge acknowledging the current physical location of Abrego Garcia and what steps the administration will take to facilitate his immediate return.
Attorneys for DOJ requested the deadline for the supplemental declaration be moved to next week, but in her filing the judge moved the deadline back by only two hours.
Last Friday Judge Paula Xinis ordered the Trump Administration to return an alleged MS-13 gang member to the United States after he was deported to El Salvador’s notorious CECOT prison.
President Trump asked the US Supreme Court to intervene and grant an emergency stay of the judge’s order to return alleged MS-13 gang member Abrego Garcia to the United States.
Earlier this week Roberts granted the Trump Administration a stay on Judge Xinis’ order pending resolution.
However, the Supreme Court on Thursday said Judge Xinis should “clarify” her order “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”
The Justice Department asked Judge Xinis to push back her Friday 9:30 am deadline for a response to next week. The Judge only extended her deadline for a response to Friday at 11:30 am.
The DOJ missed the unreasonable deadline.
Trump Administration missed Judge's order to file Declaration by 11:30 a.m.. . . because of course it did…it was an unreasonable deadline! pic.twitter.com/RkecAnZY7R
— Margot Cleveland (@ProfMJCleveland) April 11, 2025
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