Kilmar Abrego Garcia can’t be deported until at least early October, judge rules

By Devan Cole, CNN

(CNN) — A federal judge is planning to have Trump administration officials testify in early October about the government’s efforts to re-deport Kilmar Abrego Garcia and is prohibiting his removal from the US for several more weeks.

US District Judge Paula Xinis on Wednesday set an evidentiary hearing for October 6. Xinis said she would rule within 30 days of the hearing and that Abrego Garcia must remain in the US until then.

Abrego Garcia is expected to remain in Immigration and Customs Enforcement custody.

In the meantime, his efforts to stave off another deportation will happen in other forums.

First, he will have an interview with immigration officials who will assess whether he’s credibly made a claim that he fears being persecuted or tortured in Uganda, the country the Trump administration is planning to send him to. If they determine he has, they must work to identify another country to deport him to.

Justice Department attorney Drew Ensign said that he expects that process to take at least two weeks.

Xinis’ hearing in October will likely feature testimony from administration officials so she can determine whether they properly followed their own procedures or acted lawfully.

Abrego Garcia is also separately seeking to renew his bid for asylum, a process that will play out before an immigration judge within the Justice Department.

In mid-March, the Trump administration unlawfully deported Abrego Garcia to El Salvador, where he spent time in the country’s notorious mega-prison. He was later brought back to the US to face human smuggling charges, but the Trump administration is trying to quickly deport him again, even before the trial concludes.

This story has been updated with additional details.

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