(WASHINGTON) — The federal judge overseeing the wrongful deportation case of Kilmar Abrego Garcia on Wednesday denied a motion from the Trump administration to further delay discovery in the case.
The order came a week after the judge paused expedited discovery for seven days after the Trump administration asked her for the stay.
The judge, U.S. District Judge Paula Xinis, earlier this month slammed the administration over its inaction over Abrego Garcia’s wrongful detention and ordered government officials to testify under oath through expedited discovery.
Abrego Garcia, a Salvadoran native who has been living with his wife and children in Maryland, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13.
Following her order Wednesday, Judge Xinis set new deadlines for the government to respond to requests.
By May 5, the government must answer and respond to all outstanding discovery requests and supplement their invocations of privilege consistent with the court’s previous orders, Xinis ruled.
The depositions of four government witnesses who plaintiffs say have knowledge of the circumstances in the case must be completed by May 9, she ordered.
Abrego Garcia’s lawyers may seek the court’s permission to conduct up to two additional depositions, Judge Ximis said.
The plaintiffs have a deadline of May 12 to renew their motions for relief, which previously asked the court to order the government to comply with the order to facilitate Abrego Garcia’s return to the U.S., and to order the government to show cause why it should not be held in contempt for failing to comply with the court’s prior orders.
The government will have until May 14 to respond to that motion, Xinis said.
The Trump administration, while acknowledging that Abrego Garcia was deported to El Salvador in error, has said that his alleged MS-13 affiliation makes him ineligible to return to the United States. His wife and attorney have denied that he is an MS-13 member.
In 2019, an immigration judge determined that Abrego Garcia was removable from the U.S. based on allegations of his gang affiliation made by local police in Maryland. But Abrego Garcia was subsequently granted withholding of removal to his home country.
Judge Xinis early this month ruled that the Trump administration must “facilitate” Abrego Garcia’s return, and the U.S. Supreme Court unanimously affirmed that ruling, “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”
Tuesday, in an exclusive interview with ABC News to mark his 100th day in office, President Trump said he “could” secure the return of Abrego Garcia, and “if he were the gentleman that you say he is, I would do that” — before adding, “I’m not the one making this decision.”
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