Judge orders immediate release of Kilmar Abrego Garcia from immigration detention
Kilmar Abrego Garcia speaks during a rally and prayer vigil for him before he enters a U.S. Immigration and Customs Enforcement (ICE) field office on August 25, 2025 in Baltimore, Maryland. (Andrew Harnik/Getty Images)
(NEW YORK) — A federal judge has ordered the immediate release of Kilmar Abrego Garcia from immigration detention.
U.S. District Judge Paula Xinis said in her order Thursday that “since Abrego Garcia’s wrongful detention in El Salvador, he has been re-detained, again without lawful authority.”
Xinis said that the absence of a removal order prevents the government from removing Abrego Garcia from the United States.
Abrego Garcia, a Salvadoran native who had been living in Maryland with his wife and children, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.
He was brought back to the U.S. in June to face human smuggling charges in Tennessee, to which he has pleaded not guilty.
After being released into the custody of his brother in Maryland pending trial, he was again detained by immigration authorities and is currently being held in a detention facility in Pennsylvania.
Department of Homeland Security spokesperson Tricia McLaughlin said in a social media post following the ruling, “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.”
Last month, the federal government — seeking to deport Abrego Garcia to the West African nation of Liberia — asked Xinis to dissolve a ban on his removal to that country, saying it had received assurances from the Liberian government that he would not be persecuted or tortured should he be deported there.
In her order Thursday, Judge Xinis directed the government to notify Abrego Garcia of the exact time and location of his release and to notify the court no later than 5 p.m. ET today.
In the 31-page order granting Abrego Garcia’s habeas petition, Xinis detailed Abrego Garcia’s removal to El Salvador, his return to the U.S. to face criminal charges, and his re-detention in immigration custody.
“The circumstances of Abrego Garcia’s detention since he was released from criminal custody cannot be squared with the ‘basic purpose’ of holding him to effectuate removal,” Xinis said.
Xinis, citing reporting from ABC News and others, said the government at the same time could have removed Abrego Garcia to Costa Rica, his preferred country of removal.
“Respondents’ calculated effort to take Costa Rica ‘off the table’ backfired,” Xinis wrote. “Within 24 hours, Costa Rica, through Minister Zamora Cordero, communicated to multiple news sources that its offer to grant Abrego Garcia residence and refugee status is, and always has been, firm, unwavering, and unconditional.”
“Respondents serially ‘notified’ Abrego Garcia — while he sat in ICE custody — of his expulsion to Uganda, then Eswatini, then Ghana; but none of these countries were ever viable options,” Xinis wrote.
The judge said Abrego Garcia will receive instruction from the United States Pretrial Services Office on the release conditions previously imposed in his criminal case.
Xinis in August blocked the government from removing Abrego Garcia from the United States until the habeas case challenging his removal was resolved in court.
“The history of Abrego Garcia’s case is as well known as it is extraordinary,” Xinis wrote in her decision Thursday.
(WASHINGTON) — U.S. District Judge James Boasberg, in a hearing Wednesday, is set to address how he will proceed with the early stages of contempt proceedings into whether Trump administration officials violated a court order by deporting hundreds of men to El Salvador under the Alien Enemies Act in March.
The Trump administration invoked the AEA — an 18th-century wartime authority used to remove noncitizens with little-to-no due process — to deport two planeloads of alleged migrant gang members to the CECOT mega-prison in El Salvador by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.
Boasberg issued a temporary restraining order and ordered that the planes be turned around, but Justice Department attorneys said his oral instructions directing the flight to be returned were defective, and the deportations proceeded as planned.
Boasberg’s earlier finding that the Trump administration likely acted in contempt was halted for months after an appeals court issued an emergency stay. While a federal appeals court on Friday declined to reinstate Boasberg’s original order, the ruling allows him to move forward with his fact-finding inquiry.
Attorneys representing the men sent to El Salvador will also argue for a preliminary injunction to allow them to contest their AEA designation.
“Class members are still recovering from the serious harm, including trauma, they experienced at CECOT,” the ACLU said in a recent court filing.
In response to the motion for a preliminary injunction, attorneys for the Department of Justice argue that the Venezuelans’ release from El Salvador “has further undermined their claims.”
“Petitioners have not shown that they suffer any ongoing injury traceable to Respondents, for they are apparently at liberty in their home country, and any ongoing threats to their health and safety come from third parties not before this Court,” DOJ attorneys said.
(ROCHESTER, N.Y.) — Three police officers in Rochester, New York, were shot Friday night “without warning at close range” while responding to a domestic call at a home, police said.
Emergency services received a call from a man who said his girlfriend’s ex-boyfriend was attempting to break into her home and possibly had a gun, according to the Rochester Police Department. The caller also told dispatchers he had a legal permit for a firearm and was carrying a pistol.
Officers arrived a short time later and located the suspect, identified by the caller as the ex-boyfriend, along the side of the house, authorities said.
“He immediately pulled out a handgun and fired multiple shots from close range toward the officers and the victim, striking two officers,” Rochester Police Chief David Smith said during a Saturday morning news conference.
Additional shots were fired, including an exchange of gunfire between the suspect and the man who called police, which resulted in the caller being shot multiple times, Smith said.
The suspect fled the scene but was located within minutes by another officer, who was also shot after being fired upon by the suspect.
That officer and others on scene returned fire, striking the suspect multiple times and killing him, police said.
One officer was shot multiple times in the upper body and is listed in stable condition. Another officer was shot in the upper body, rushed to surgery and is listed in critical but stable condition.
A third officer suffered serious injuries but is in stable condition, authorities said. The man who initially called police was shot multiple times and remains in serious but non-life-threatening condition.
Police have not released the identities of those involved and the investigation is currently ongoing.
In this Sept. 20, 2013, file photo, Ghislaine Maxwell attends an event in New York. Laura Cavanaugh/Getty Images, FILE
(WASHINGTON) — Ghislaine Maxwell, the convicted co-conspirator of sex offender Jeffrey Epstein, on Wednesday asked a federal court to vacate or correct her conviction and 20-year prison sentence for sex trafficking of minors and other offenses — a move that could complicate the release of the Epstein files as mandated by a new law.
Maxwell has exhausted all of her direct appeals, but filed a petition which contends “substantial new evidence has emerged” demonstrating she did not receive a fair trial, according to Maxwell’s filing in federal court in New York.
“This newly available evidence — derived from litigation against the Federal Bureau of Investigation, various financial institutions, and the Estate of Jeffrey Epstein, as well as from sworn depositions, released records, and other verified sources–shows that exculpatory information was withheld, false testimony presented, and material facts misrepresented to the jury and the Court,” Maxwell wrote in a habeas petition, which she filed “pro se” — without an attorney.
The petition alleges nine separate grounds — including juror misconduct and government suppression of evidence — for Maxwell’s contention that constitutional violations undermined the integrity of her 2021 trial.
“In the light of the full evidentiary record, no reasonable juror would have convicted her. Accordingly, she seeks vacatur of her conviction, an evidentiary hearing, and such other relief as this Court deems appropriate and justice requires,” Maxwell wrote in the 50-page filing, which was submitted to the court in seven separately scanned sections.
There are two gaps in the page numbers, which could be the result of an editing or filing error. After the documents first posted on the electronic case docket Wednesday afternoon, they were briefly taken down before appearing again. Maxwell’s handwritten signature appears at the end of the petition.
Prosecutors in the Southern District of New York declined to comment on Maxwell’s court filing.
Maxwell, 63, was convicted in 2021 — after a three-week trial in Manhattan federal court — of five felonies, including conspiracy, transportation of a minor to engage in illegal sexual activity and sex trafficking of a minor. A higher court rejected her post-trial appeals, and the Supreme Court declined to take up her case.
Many of the issues raised in Maxwell’s petition were addressed either at her trial or by the appellate court. She contends, however, that information and evidence previously unavailable to her and her attorneys has since emerged that should render her conviction “invalid, unsafe, and infirm.”
To prevail in a habeas petition, Maxwell would need to show that serious constitutional violations occurred during her trial or sentencing, or that significant new evidence has emerged demonstrating her innocence. A successful habeas petition could result in a new trial or a reduction of her sentence.
Maxwell’s last-ditch effort for relief from the courts comes as the Justice Department faces a Friday deadline to publicly disclose its investigative files on Epstein and Maxwell in compliance with the Epstein Files Transparency Act, passed by Congress and signed by President Donald Trump last month.
Maxwell’s newly filed petition presents a possible wrinkle in the long-running controversy. The Epstein Files Transparency Act contains exemptions permitting Attorney General Pam Bondi to withhold certain records if their publication could jeopardize active criminal investigations or prosecutions.
Last week, U.S. District Judge Paul Engelmayer granted a DOJ motion to lift restrictions on grand jury transcripts and other nonpublic records from the case, citing the requirement of the newly passed legislation. An attorney for Maxwell had argued that public disclosure of those materials would impact her ability to get a fair retrial if she were to succeed in her bid for a new trial.
“Releasing the grand jury materials from her case, which contain untested and unproven allegations, would create undue prejudice so severe that it would foreclose the possibility of a fair retrial should Ms. Maxwell’s habeas petition succeed,” the lawyers wrote.
Epstein, the wealthy financier and convicted sex offender, died by suicide in a New York jail in 2019.
Maxwell’s habeas submission cites to than 140 exhibits, including post-trial news articles and excerpts from podcasts, books and documentaries about the case in support of her claims of juror misconduct, suppression of evidence and allegedly improper coordination between prosecutors and attorneys for alleged victims. As of Wednesday afternoon, the exhibits had not yet been posted on the electronic docket of the case.
Maxwell devotes a substantial portion of her petition to a claim that the government failed to disclose to her defense team the prior state grand jury testimony of a former Palm Beach police officer who participated in a search of Epstein’s Florida home in 2005.
Retired officer Gregory Parkinson was on the stand for one of the Maxwell trial’s more dramatic moments, when prosecutors carried into the courtroom a green massage table that Parkinson testified was the same one he removed from a bathroom in Epstein’s seaside home following the execution of a search warrant.
Prosecutors said a manufacturer’s label indicating the table was made in California constituted proof of an interstate nexus to the sex-trafficking of a minor — the witness identified at trial as “Carolyn” — which was a critical element of the two most serious charges against Maxwell.
“So when Carolyn … was abused on a massage table that was manufactured in California, that proves that there was at least a minimal effect on interstate commerce, which is all that’s required for this count,” prosecutor Allison Moe said during closing arguments.
But Maxwell contends in her habeas petition that her lack of access to the state grand jury transcripts during her trial deprived her attorneys of the ability to cross-examine the retired officer about his previous sworn testimony. What Parkinson said in 2006, Maxwell argues, “conflicted with his trial testimony” about where the massage table was found and “undermined” the government’s assertions about a critical piece of evidence.
Parkinson’s testimony before the state grand jury in 2006 was made public in 2024 as a result of a lawsuit by the Palm Beach Post and a new state law specifically crafted to allow for the disclosure of the transcripts.
Earlier this year, Maxwell was transferred from a low-security prison in Florida to a minimum-security prison camp for women in Texas. That switch occurred less than two weeks after an unusual meeting in July between Maxwell and Deputy Attorney General Todd Blanche, who previously served as personal counsel to President Trump.
