Judge rules US must return man deported to El Salvador in ‘error’

Nikesh Vaishnav
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Jennifer Vasquez A photo of Kilmar Abergo Garcia Jennifer Vasquez

Kilmar Abergo Garcia was deported last month along with hundreds of alleged gang members

A federal judge has ordered the Trump administration to return a Maryland man who was mistakenly deported to a prison in El Salvador.

Kilmar Abergo Garcia, who was was expelled last month along with hundreds of alleged gang members, must be returned to the US by no later than Monday, US District Judge Paula Xinis ordered.

US Immigration and Customs Enforcement (ICE) said in a recent court filing that deporting Mr Garcia was an “administrative error”. An immigration judge granted him a legal protection from deportation in 2019.

The White House has alleged Mr Garcia is an MS-13 gang member, but his lawyers argued there is no evidence to prove that he is gang-affiliated, adding that he has never been charged with a crime in any country.

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