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LetMyPeopleVote

(169,853 posts) Tue Aug 26, 2025, 06:38 PM Aug 26

Abrego Garcia's attorneys ask to reopen his immigration case to seek asylum

Source: ABC

Attorneys for wrongly deported Kilmar Abrego Garcia have filed an emergency motion to reopen his immigration case to seek asylum, according to a court filing Tuesday.

Abrego Garcia, who was rearrested Monday in Maryland after he was released Friday from criminal custody in Tennessee, is currently being held in a detention center in Virginia, where the federal government is temporarily blocked from deporting him pending further proceedings in a habeas case.

"At 5pm yesterday, Petitioner filed a motion to reopen before an immigration judge to seek asylum in the United States," his attorneys said in a proposed scheduling order filed on Tuesday. "Petitioner proposes that the parties allow the immigration judge to resolve that motion within two weeks from today."

According to the emergency motion to reopen the case, his attorneys argue that because Abrego Garcia was deported and then brought back to the U.S., he is now eligible to apply for asylum within one year of his last entry into the U.S.

The motion asks the immigration court in Baltimore to "immediately" order a stay of removal to afford Abrego Garcia "an opportunity to seek protection from persecution and torture in Uganda," where the government has indicated he could be sen

Read more: https://abcnews.go.com/US/abrego-garcias-attorneys-blast-government-unilaterally-rearresting/story

5 replies

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Highlight:

Abrego Garcia's attorneys ask to reopen his immigration case to seek asylum (Original Post) LetMyPeopleVote Aug 26 OP

I'm not optimistic. TomSlick Aug 26 #1

Yep SickOfTheOnePct Aug 26 #2

This is worth a try LetMyPeopleVote Aug 30 #4

It all depends on the judge! It's subjective. It looks like most serve long terms. LeftInTX Aug 30 #5

Kilmar Abrego Garcia files new bid to stay in the US LetMyPeopleVote Aug 27 #3

TomSlick

(12,717 posts)

1. I'm not optimistic.

Reply to LetMyPeopleVote (Original post)

Tue Aug 26, 2025, 07:22 PM

Aug 26

Immigration courts aren't real courts or immigration judges real judges.

Immigration courts are executive department agencies. They are not Article III courts. Immigration judges are executive department employees and not independent judicial officers.

SickOfTheOnePct

(8,478 posts)

2. Yep

Reply to TomSlick (Reply #1)

Tue Aug 26, 2025, 07:27 PM

Aug 26

And as he was ordered back into the country by the federal courts, I don't see how he can use that entry to when he didn't apply initially upon entering the country.

LetMyPeopleVote

(169,853 posts)

4. This is worth a try

Reply to TomSlick (Reply #1)

Sat Aug 30, 2025, 10:15 AM

Aug 30

Kilmar Abrego Garcia wasnâ€™t eligible for asylum because it had been more than a year since he entered the country.

So Kristi Noem allowed him to reenter again this year, resetting the clock. He has now applied.

Kristi is smart that way.
— Mrs. Betty Bowers (@mrsbettybowers.bsky.social) 2025-08-28T15:28:33.573Z

LeftInTX

(34,006 posts)

5. It all depends on the judge! It's subjective. It looks like most serve long terms.

Reply to TomSlick (Reply #1)

Sat Aug 30, 2025, 11:38 AM

Aug 30

And are not switched out like US attorneys

https://tracreports.org/immigration/reports/judgereports/

This was his previous judge:
Kessler, Elizabeth A.
554 48.7% 1.8% 49.5%
She is 50/50 on denials.

Abrego likely fell into 1.8%: Granted Other Relief

Based on what I know, it's probably going to be years before his asylum case is heard.

Way after his criminal trial.
I don't think he's eligible for an expedited hearing, but who knows?

I think if he's found guilty, I don't think he will eligible. But he will likely be eligible to stay while his appeal is heard. Also his charges could be downgraded. But even then, he will likely be denied. Who knows?

If he's found not guilty, he will linger around and wait for his asylum case, which will be a long time from now.

LetMyPeopleVote

(169,853 posts)

3. Kilmar Abrego Garcia files new bid to stay in the US

Reply to LetMyPeopleVote (Original post)

Wed Aug 27, 2025, 03:33 PM

Aug 27

The Salvadoran man who was illegally deported in March has reasserted his claim for asylum.

Link to tweet

https://www.politico.com/news/2025/08/27/kilmar-abrego-garcia-asylum-00531024

Abrego, who entered the U.S. illegally in 2011, has already been deported once this year: The Trump administration expelled him to El Salvador in March. Courts declared the deportation illegal and ordered the administration to seek his return. The administration brought him back to the U.S. in June and charged him with human smuggling, which Abrego denies.

In response to a query from POLITICO, Sandoval-Moshenberg said his client’s recent reentry into the U.S. entitles him to a new bid for asylum.

Abrego last sought asylum in 2019 during immigration-court proceedings, but a judge denied his claim, saying he had waited too long after entering the United States to file it.

“The only reason that Mr. Abrego Garcia was denied asylum was that he had failed to apply within one year of arriving in the United States as required,” Sandoval-Moshenberg said. “Now, Mr. Abrego Garcia has returned to the United States less than one year ago, and so is eligible to apply.”

During a video conference Wednesday in Abrego’s new lawsuit, U.S. District Judge Paula Xinis said that she has no jurisdiction over the renewed asylum claim but that she intends to hold a hearing Oct. 6 on Abrego’s bid to block his deportation to Uganda.

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