Appeals Court Denies Trump Effort to Block Return of Alleged MS-13 Gang Member Kilmar Garcia

A federal appeals court on Thursday denied the Trump Administration’s request for an emergency stay pending appeal and for a writ of mandamus.

The Fourth Circuit Court of Appeals denied the Trump DOJ’s effort to block Judge Xinis’ order requiring the US government to “facilitate” the return of alleged MS-13 gang member Kilmar Abrego Garcia.

A three-judge panel: Harvie Wilkinson (Reagan), Robert King (Clinton), and Stephanie Thacker (Obama) issued the order.

Judge Wilkinson, the Reagan appointee, repeatedly referred to Abrego Garcia as a “resident” even though he’s an illegal alien.

Kilmar Abrego Garcia is an El Salvadorian national who was illegally residing in Maryland. In 2019, an immigration judge ordered Abrego Garcia, an alleged member of the dangerous MS-13 gang, removed from the US.

Abrego Garcia is currently being held at El Salvador’s notorious CECOT prison.

“It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done,” Wilkinson wrote in a 7-page order.

“This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear,” Wilkinson added.

“The Supreme Court’s decision does not, however, allow the government to do essentially nothing. It requires the government “to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,”” the order stated.

Newly released court documents also show that Abrego Garcia repeatedly beat his wife.

The DOJ earlier this week said during a court hearing that if Abrego Garcia arrived at a US port of entry, he would be taken into custody and sent back to El Salvador.