US Supreme Court Rules that Wrongly Deported Migrant Must Have Hearing and 4th Circuit Denies Government’s Emergency Stay Request

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Friday, May 9, 2025
Author: 
Bruce Zagaris
Volume: 
41
Issue: 
5
Abstract: 

On April 10, 2025, in an unsigned order, the U.S. Supreme Court unanimously ordered the government to try to return a Salvadoran national and U.S. permanent resident, Abrego Garcia, whom it had wrongly deported to a terrorist prison in El Salvador. However, the Court also observed that the courts may not have the authority to require the executive branch to return him. After the order, U.S. District Judge Paula Xinis attempted to force the administration to communicate its efforts, or lack thereof, to facilitate Abrego Garcia’s release. Instead, the administration made an emergency appeal and request for a stay, which the Court of Appeals for the Fourth Circuit quickly and unanimously rejected.