The Trump administration has placed a Justice Department (DOJ) lawyer on leave to avoid “eagerly advocating” the position in a case involving a Salvadoran man living in Maryland who was mistakenly deported last month.
Attorney General Pam Bondy’s office set up Erez Roubeni, who argued for the government, and at a hearing Friday determined that the judge must return Father Maryland, Kilmer Abrego Garcia, to the United States by Monday.
“At my direction, all Justice Department lawyers need to advocate enthusiastically on behalf of the United States,” Bondy told the New York Times in a statement. “A lawyer who fails to follow these instructions will face consequences.”
Fox News Digital reached out to DOJ for comment.
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In this undated photo provided by the US District Court for the Maryland district, the man identified by Jennifer Vasquez Sula as her husband Kilmer Abrego Garcia is led by security guards through the Terrorism Confinement Center in Tecolca, El Salvador. (US District Court for the Maryland District via the AP)
According to the New York Times, Friday Rouvenign admitted on Friday that Garcia’s deportation was a mistake.
On Saturday, the Trump administration in an emergency appeal claimed that US District Judge Paula Sinis could not force the administration to return Garcia to the United States.
Sinis on Friday ruled that the government must make arrangements to return Garcia to the US midnight on Monday.
Saturday’s emergency appeal aims to temporarily maintain Sinis’ decision until the government has time to properly appeal the ruling.
“Late Friday afternoon, a federal district judge ordered the United States to force one of El Salvador (a member of the MS-13) to send to the United States by midnight Monday.
The government also claimed that he “does not control” Garcia now in El Salvador.
“Nottheless, the court’s injunction ordered an order that the accused somehow managed to achieve that Abrego Garcia had given him one business day or returned to the first business day,” the appeal said.
The undated photo shows Kilmer Abrego Garcia. (Murray Osorio PLLC via AP)
The submission said it was “lacking the power of the government in its watch to ensure that it does not take individual actions on foreign countries.”
“It has been revealed that Abrego Garcia is a member of three designated foreign terrorist organizations, MS-13. Given his status, he has no legal right or basis for him to be in the United States,” he added.
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Sinis said Friday that the March 15th expulsion of Garcia by U.S. Immigration and Customs Enforcement Agency violated the Administrative Procedure Act because it occurred without judicial proceedings.
The Trump administration has acknowledged that Garcia’s removal is “administrative error,” but defended it, claiming that Garcia has ties to the MS-13.
“This individual is an illegal criminal who has broken our country’s immigration laws. He is a brutal MS-13 gang leader and is involved in human trafficking,” White House spokesperson Karoline Leavitt said at a briefing Tuesday.
U.S. Attorney General Pam Bondy said all government lawyers are required to “be enthusiastically defend” instead. (Reuters/Nathan Howard)
“And now, MS-13 is a designated foreign terrorist organization. Foreign terrorists have no legal protection in the United States, and this administration is trying to continue banishing foreign terrorists and illegal criminals from within our country,” she added.
A migrant judge five years ago said Garcia, who illegally came to the US in 2011 and sought asylum, could not be deported to his home country regarding concerns that he would be a victim of local El Salvadoran gang members.
His request for asylum was denied, but he was given protection from deportation and Ice did not appeal the decision.
Garcia’s wife, Jennifer Vasquez Sula, was a US citizen and actively campaigned for his return.
Garcia works as a sheet metal apprentice in Maryland and was arrested in IKEA parking on March 12 while her 5-year-old son was in the car.
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His lawyers claim that the man has Homeland Security permission to work in the country, and he strongly denys gang affiliation. They also say the government has given little evidence to support its claim.
He was imprisoned in a Salvador prison under the custody of that government, so there was no indication of how the government would follow.
Fox News’ Cameron Arcand and the Associated Press contributed to this report.
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