A federal judge did not have the authority to order the Trump administration to shake the return of a man of Maryland who was deported wrongly From the United States to a well -known prison El Salvador, government lawyers argued on Saturday when they urged an appeal court to suspend the ruling.
The Judge of the North -American District Paula Chinese ordered the administration To “facilitate and make” the return of Kilmar Abrego Garcia to the United States on Monday afternoon. Lawyers from the Department of Justice asked the fourth court of appeal to the United States circuit to immediately stop the judge’s order.
“A court order that forces the executive to relate to a foreign power in a certain way, much less, forcing a certain action by a foreign sovereign, is constitutionally intolerable,” they wrote.
The Court of Appeal asked the lawyers of Abrego Garcia to respond to the government’s presentation on Sunday afternoon.
Abrego Garcia, a 29 -year -old Salvador, was arrested in Maryland and deported last month despite the ruling of the 2019 immigration judge who protected him from deportation to El Salvador, where he faced the probable persecution of local bands.
Their wrong deportation, described by the White House as an “administrative error”, He has outraged many and has aroused concerns to expel non -citizens who were granted permission to be in the United States
Dozens of supporters gathered in Greenbelt, Maryland, a federal court for Friday’s sight. A joy exploded in the courtroom when Chinese ruled in favor of Abrego Garcia, wifeA citizen from the United States, he attended.
Chinese, who was nominated by President Barack Obama, said that there was no legal basis for the arrest of Abrego Garcia and that there is no legal justification for his retirement to El Salvador, where he has been detained in a prison that observers say he has problems with human rights abuse.
During Friday, the Department of Justice Prosecutor, Erez Reuveni, acknowledged Chinese that Abrego Garcia should not have been withdrawn from the United States or sent to El Salvador. Reuveni could not tell the judge about which authority was arrested in Maryland.
“I am also frustrated that I have no answers for many of these questions,” he said.
The name of Reuveni was not at the presentation of the Saturday court. A spokesman for the department confirmed that he was put on leave.
“In my direction, all solicitors of the Department of Justice must defend with Zel on behalf of the United States. Any lawyer who does not fulfill this direction will face consequences”, ” Attorney General Pam Bondi said in a statement.
Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, said that the Government has done nothing to recover its client, even after admitting its mistakes.
“A lot of tweets. Many press conferences at the White House. But there are no real steps with El Salvador’s government to do it,” he told the judge on Friday.
The White House has launched Abrego Garcia as a member of the MS-13 band and has doubled this demand after Friday’s sight. Abrego Garcia’s lawyers counted that there is no evidence that was on the MS-13.
His lawyer said that Abrego Garcia had a DHS permission to work legally in the United States. He served as a sheet apprentice and was chasing his travel license.
Abreho Garcia fled El Salvador to 2011 because he and his family faced threats to local bands. In 2019, a United States immigration judge granted deportation to El Salvador.
Government lawyers say they have no control over Abrego Garcia and no authority to organize their return: “More than they would have the power to follow a court order that orders them to” carry out “the end of the war in Ukraine or a return from Gaza hostages.”
“It is a order to force a foreign sovereign to send a foreign terrorist within three days. This is no way to run a government. And it has no basis on North -American law,” they wrote.