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Lawyers for Md. father deported to El Salvador fight back on request to block his return


This undated photo provided by Murray Osorio PLLC shows Kilmar Abrego Garcia. (Murray Osorio PLLC via AP){p}{/p}
This undated photo provided by Murray Osorio PLLC shows Kilmar Abrego Garcia. (Murray Osorio PLLC via AP)

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The lawyers for 29-year-old Maryland father Kilmar Armando Abrego Garcia, who was mistakenly deported to an El Salvador prison, have filed a formal response Sunday that opposes the government's request to block an order that would require his return to the U.S.

It comes after U.S. District Judge Paula Xinis ruled that Abrego Garcia's deportation violated immigration law and ordered the Trump administration to “facilitate and effectuate” his return to the states by 11:59 p.m. on Monday, April 7.

RELATED | Federal judge orders return of Maryland father mistakenly deported to El Salvador prison

The Department of Justice has asked the U.S. Court of Appeals to block the judge's order, which Abrego Garcia's attorneys are now fighting.

They argue that the government’s request for a stay should be "denied because it has already admitted the deportation was unlawful and presented no evidence that returning him would cause harm," said the opposition brief.

"Our family, my children, and I are anxiously awaiting both administrations to do the right thing and bring my husband home,” said Kilmar’s wife, Jennifer.

SEE ALSO | CASA demands return of Maryland man mistakenly deported to El Salvador, DOJ files appeal

Documentation filed by Abrego Garcia's lawyer states that on March 12, Abrego Garcia was driving with his son in the backseat when he was pulled over by ICE officers and detained. After Jennifer arrived, he was allegedly taken away without explanation. Abrego Garcia was transferred to several detention centers, and Jennifer last heard from him on March 15, when he called and said he was being sent to CECOT prison in El Salvador, one of the largest and most notorious prisons in the world.

According to the filing, Abrego Garcia came to the United States illegally in 2011. It states he was fleeing gang violence in that country and that starting around 2006, gangs had stalked, hit, and threatened him to get his parents to give in to extortion demands.

Earlier this week, the White House acknowledged that Garcia's deportation was due to an "administrative error." However, they refuse to allow his return, alleging that he is a member of the MS-13 gang.

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