Unlawfully Deported and Detained: The Case of Kilmar Abrego Garcia and the Fight for His Return

The Case of Kilmar Abrego Garcia and the Fight for His Return

At Murray Osorio PLLC, we stand with our client, Kilmar Abrego Garcia, a Maryland resident, father, and husband who is currently being held in a Salvadoran jail—despite a unanimous ruling by the U.S. Supreme Court requiring the U.S. government to facilitate his return.

Background: How This Case Began

Kilmar Abrego Garcia has lived in the United States for nearly two decades, building a life and raising a family in Maryland. In 2019, a federal immigration judge granted him humanitarian protection through withholding of removal, after finding that it is more likely than not that he would be persecuted if he returned to El Salvador. The government never appealed this order, and this order of protection therefore became final.

Yet in 2025, during a period of heightened immigration enforcement, Mr. Abrego Garcia was unlawfully detained by federal agents and deported to El Salvador—in direct violation of a standing court order protecting him from removal.

From the outset, the removal was unconstitutional and in violation of the law. No hearing was granted, no warning was given, and no legal justification was ever offered to explain how the government overrode a lawful judicial decision.

Once in El Salvador, Mr. Abrego Garcia was arrested by local authorities and initially transferred to CECOT, a high-security facility widely condemned by human rights organizations for its conditions. The U.S. government not only failed to prevent this unlawful deportation—it has since done nothing substantive to rectify it, even after the highest court in the country intervened.

The Supreme Court’s Ruling—and Government Inaction

On April 11, 2025, the United States Supreme Court ruled unanimously in Mr. Abrego Garcia’s favor. The Court’s order was explicit: the U.S. government must “facilitate” his release from custody in El Salvador and ensure that his immigration proceedings continue in the same position they would have been had he not been unlawfully deported.

But weeks later, the government has yet to take any concrete action to comply. No request has been made to El Salvador for his release. No plan has been submitted. And no indication has been given that any steps are underway to bring him back.

A Matter of Life, Liberty, and Rule of Law

Mr. Abrego Garcia's detention in El Salvador is not just unlawful—it is dangerous. Particularly because he is in the one country that a judge found if he returns he is likely to be persecuted or tortured. His deportation was not just an error—it was a constitutional failure. He was offered no due process before this administrative mistake and the continued inaction from U.S. officials only deepens the injustice.

At Murray Osorio PLLC, we continue to demand:

  • Immediate transparency from the Department of Homeland Security and the Department of State
  • Full compliance with the Supreme Court’s ruling
  • Urgent efforts to bring Kilmar Abrego Garcia home
     

We will not rest until he is safely returned.

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