Abrego Garcia v. Noem (Habeas corpus 2025)
Case Overview
Kilmar Abrego Garcia filed a petition for writ of habeas corpus following his detention by ICE and intention by the government to deport him to Uganda.
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The Application
Abrego Garcia was re-detained after return to the United States, and ICE sought to deport him to Uganda, Eswatini, Liberia, and other countries despite Costa Rica's offer to accept him. Judge Xinis found that the government had affirmatively misled the court about the true availability and feasibility of these third-country options, undermining the factual basis for the detention order.
The Conclusion
Judge Xinis's finding of government misrepresentation regarding third-country removal options calls into question the lawfulness of Abrego Garcia's continued detention; the case remains active as he challenges his detention status and the validity of the government's deportation plans.
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