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Judge Blocks Deportation of Salvadoran Man to Uganda
In a high-profile decision that underscores the importance of due process in U.S. immigration law, a federal judge has temporarily blocked the deportation of Kilmar Abrego García, a 30-year-old Salvadoran man who was wrongfully deported in 2019 and is now facing removal to Uganda—a country with which he has no ties. The legal battle presents a critical precedent for immigrants targeted for third-country removal, especially when legal safeguards are circumvented by administrative overreach.
ICE Detention Sparks Legal Controversy
On August 25, 2025, Immigration and Customs Enforcement (ICE) detained García at a routine check-in in Virginia, re-arresting him despite his compliance with the conditions of his release, which included electronic monitoring and home confinement. His legal team argues the re-detention was retaliatory, aimed at pressuring him into accepting a coerced plea deal that would expedite his deportation to Uganda. (CBS News)
Deportation to Uganda Raises Human Rights Concerns
The proposed deportation to Uganda, a nation where García has never resided nor has family, drew sharp criticism from human rights organizations and immigration experts. Attorneys emphasized the action violates not only his asylum rights but also protections under international law. His legal team filed for emergency relief, leading to immediate judicial intervention.
Judge Xinis Issues Emergency Stay of Removal
U.S. District Judge Paula Xinis issued a temporary restraining order halting García’s removal and mandating that he remain within 200 miles of the federal courthouse pending an evidentiary hearing set for October 6, 2025. This pause will allow García to pursue a full legal review of his asylum eligibility and other forms of immigration relief. (AP News)
Case Background: Wrongful Deportation and Family Ties
García, who fled El Salvador as a teenager and has lived in the U.S. for over a decade, was wrongfully deported in 2019 under the Trump administration, before being returned to the U.S. after intense legal pressure. He is now married to a U.S. citizen and has a young child—factors that further support his claim for relief.
Legal and Immigration Implications
Third-Country Deportations Require Legal Scrutiny
Removing an individual to a country with no connection to them poses serious legal challenges. Such removals may violate domestic due process protections and international conventions, especially when the destination has a record of human rights abuses.
Federal Courts Reinforce Constitutional Protections
The ruling by Judge Xinis reaffirms that federal courts are willing to protect immigrants’ rights when ICE enforcement oversteps legal boundaries. This decision offers a critical tool for attorneys working to prevent unlawful removals.
ICE Enforcement Tactics Under Legal Review
García’s case reveals how detention can be used as a coercive tool to force outcomes, such as plea deals or non-voluntary removal agreements, undermining a fair immigration process.
How Spar & Bernstein Attorneys Can Help
Filing Emergency Motions and Stays of Removal
At Spar & Bernstein, we act fast when a client is detained or facing imminent deportation. Our attorneys file emergency motions in federal court and immigration court to stop removals and restore due process.
Representing Clients in Asylum and Withholding of Removal
Our team prepares robust asylum and protection claims, with evidence from country condition reports, expert declarations, and documentation of personal threats and persecution.
Challenging Coerced Plea Agreements
We defend clients against unlawful pressure to accept plea deals that compromise their immigration rights or family unity, ensuring that any legal resolution protects long-term status and safety.
Advocating for Judicial and Administrative Relief
Whether through immigration courts, the Board of Immigration Appeals, or federal courts, we fight to keep families together and protect the rights of immigrants facing government overreach.
October Hearing Offers Critical Opportunity for Relief
The upcoming October 6, 2025, evidentiary hearing provides Kilmar Abrego García the opportunity to present his case fully, supported by legal counsel and protected under U.S. law. Judge Xinis’ emergency stay marks a critical turning point in an immigration system where due process is often challenged by aggressive enforcement.
If you or someone you know is facing deportation, particularly under third-country removal or wrongful detention, contact Spar & Bernstein. Our experienced immigration attorneys are here to fight for your rights, preserve your freedom, and keep your family together.