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Supreme Court Chief Justice John Roberts temporarily paused a federal judge’s order for the Trump administration to return a man deported to El Salvador by tonight.
“Roberts set a 5pm Tuesday deadline for a response from Kilmar Armando Abrego Garcia’s attorney after the Trump administration argued the lower court order improperly imposed on the president’s foreign policy powers,” Axios reports.
Garcia is allegedly an MS-13 member.
🚨Just in: Chief Justice John Roberts has temporarily paused Maryland Judge Paula Xinis order that Kilmar Abrego Garcia who is alleged MS-13 member to be returned from an El Salvador prison to the United States by tonight
Via: Politico pic.twitter.com/F5XnWVb8BH
— The Calvin Coolidge Project (@TheCalvinCooli1) April 7, 2025
Per Axios:
The Trump administration had asked the high court to get rid of the Monday deadline set by U.S. District Judge Paula Xinis to return Abrego Garcia to the U.S., repeating their accusations that he’s a member of MS-13.
Abrego Garcia, who was legally living in Maryland, has not been convicted of gang-related crimes.
The Fourth Circuit Court of Appeals earlier Monday refused to block Xinis’ order.
Abrego Garcia was detained by immigration officials and erroneously deported despite a court order saying he could remain in the U.S. because of a likelihood of harm in El Salvador.
He was wrongly told last month by immigration agents that his status had changed.
His wife, a U.S. citizen, identified him after seeing a news article that featured a picture of detainees entering the notorious Center for Terrorism Confinement (CECOT) prison in El Salvador.
Justice Department attorneys conceded that he was removed to El Salvador because of an “administrative error.”
BREAKING:
SCOTUS CHIEF JOHN ROBERTS HALTS LOWER COURT ORDER DEMANDING THE RETURN OF A MS-13 GANG MEMBER FROM EL SALVADOR. pic.twitter.com/AFMGxnGT0Q
— john jackson (@pvtjokerus) April 7, 2025
🚨 #BREAKING: Chief Justice John Roberts BLOCKS the activist judge forced-return of alleged MS-13 member Kilmar Garcia tonight by the Trump administration – POLITICO
A judge ordered the Trump admin bring him back from El Salvador.
He’s staying there. pic.twitter.com/l8jefjiHlo
— Eric Daugherty (@EricLDaugh) April 7, 2025
From The Hill:
Roberts agreed to hold the deadline until the high court can resolve the Trump administration’s emergency request to lift the judge’s order.
The order does not address the underlying merits of the dispute and is not necessarily an indication of how the court will rule.
Abrego Garcia was one of hundreds of migrants deported to a notorious Salvadoran prison last month. The administration has accused him of being connected to MS-13 based on a report from a confidential informant, but Abrego Garcia’s family rejects that he has any gang ties.
U.S. District Judge Paula Xinis, an appointee of former President Obama who serves in Maryland, late last week set the Monday night deadline for the Trump administration to return the man to the country.
But the Justice Department insists it cannot bring Abrego Garcia back to the United States now that he is in the hands of Salvadoran authorities, writing in court filings that the lower ruling “sets the United States up for failure.”