A Maryland man with protected legal status was mistakenly sent to a notorious prison in El Salvador due to an "administrative error," a U.S. Immigration and Customs Enforcement (ICE) official admitted in a sworn statement on Monday. Kilmer Armado Abrego-Garcia, who has a US citizen wife and a 5-year-old child, is currently being held at CECOT, a notorious facility in El Salvador known for its harsh conditions.
Abrego-Garcia's attorneys have filed a new lawsuit demanding that the U.S. government ensure his return to the United States, as they argue his transfer to El Salvador was a result of a mistake. In the legal filing, the government acknowledged the error but stated that because Abrego-Garcia is no longer in U.S. custody, neither the court nor the U.S. can compel his return. The government further stated that it cannot order El Salvador to send him back.
In 2019, a confidential informant claimed that Abrego-Garcia was affiliated with the MS-13 gang, which led him to file for asylum in the US.
Although he was found removable, he was granted withholding of removal to El Salvador by an immigration judge. Earlier this month, however, Abrego-Garcia was stopped by ICE officers, who informed him that his immigration status had changed. Following this, he was detained and later sent to El Salvador on March 15.
According to Robert L. Cerna, acting field office director for ICE, Abrego-Garcia was among those who were removed during a flight to El Salvador. "This removal was an error," Cerna stated in a sworn declaration.
Abrego-Garcia's legal team has consistently denied any gang affiliations, including with MS-13 or Tren de Aragua, and contends that the US government has failed to provide any evidence to support the allegations. The government countered, asserting that Abrego-Garcia had the opportunity to present evidence disproving his alleged gang ties, but did not do so.
Yaakov M. Roth, Acting Assistant Attorney General for the Civil Division of the Department of Justice, argued in the legal filing that the court does not have jurisdiction to review Abrego-Garcia's removal. He added that the plaintiffs are seeking to secure his release from Salvadoran custody through "financial pressure and diplomacy." Roth further noted that there is no definitive proof to suggest that Abrego-Garcia is at risk of torture or death in CECOT, despite allegations of abuse in Salvadoran prisons.
Roth emphasized, "While there may be allegations of abuses in other Salvadoran prisons -- very few in relation to the large number of detainees -- there is no clear showing that Abrego-Garcia himself is likely to be tortured or killed in CECOT."
Cerna, in his sworn declaration, described the removal process as having been conducted "in good faith." He acknowledged that it was an oversight but clarified that the action was based on a final order of removal and Abrego-Garcia's supposed gang affiliation.
Abrego-Garcia's attorneys have filed a new lawsuit demanding that the U.S. government ensure his return to the United States, as they argue his transfer to El Salvador was a result of a mistake. In the legal filing, the government acknowledged the error but stated that because Abrego-Garcia is no longer in U.S. custody, neither the court nor the U.S. can compel his return. The government further stated that it cannot order El Salvador to send him back.
In 2019, a confidential informant claimed that Abrego-Garcia was affiliated with the MS-13 gang, which led him to file for asylum in the US.
Although he was found removable, he was granted withholding of removal to El Salvador by an immigration judge. Earlier this month, however, Abrego-Garcia was stopped by ICE officers, who informed him that his immigration status had changed. Following this, he was detained and later sent to El Salvador on March 15.
According to Robert L. Cerna, acting field office director for ICE, Abrego-Garcia was among those who were removed during a flight to El Salvador. "This removal was an error," Cerna stated in a sworn declaration.
Abrego-Garcia's legal team has consistently denied any gang affiliations, including with MS-13 or Tren de Aragua, and contends that the US government has failed to provide any evidence to support the allegations. The government countered, asserting that Abrego-Garcia had the opportunity to present evidence disproving his alleged gang ties, but did not do so.
Yaakov M. Roth, Acting Assistant Attorney General for the Civil Division of the Department of Justice, argued in the legal filing that the court does not have jurisdiction to review Abrego-Garcia's removal. He added that the plaintiffs are seeking to secure his release from Salvadoran custody through "financial pressure and diplomacy." Roth further noted that there is no definitive proof to suggest that Abrego-Garcia is at risk of torture or death in CECOT, despite allegations of abuse in Salvadoran prisons.
Roth emphasized, "While there may be allegations of abuses in other Salvadoran prisons -- very few in relation to the large number of detainees -- there is no clear showing that Abrego-Garcia himself is likely to be tortured or killed in CECOT."
Cerna, in his sworn declaration, described the removal process as having been conducted "in good faith." He acknowledged that it was an oversight but clarified that the action was based on a final order of removal and Abrego-Garcia's supposed gang affiliation.
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