Abrego Garcia lawyer accuses Trump of “defense” in race for dismissing case

Kilmar Abrego Garcia, an attorney for the Salvador immigration, asked a federal judge in Nashville on Tuesday to dismiss a criminal case against him, arguing in a document that the indictment issued by the Trump administration constitutes a “fighting” and selective prosecution.

Page 35 Register Submitted Tuesday to U.S. District Judge Waverly Crenshaw, a Central Tennessee District District. In just two days, Abrego Garcia, scheduled to be released from federal custody on Friday, was detained in May on May’s human smuggling charges and was immediately detained after returning to the United States from El Salvador at the end of a months-long court struggle.

Both Crenshaw and U.S. District Judge Barbara Holmes determined that Abrego Garcia was eligible for release from a criminal custody trial, although Holmes agreed to release him for 30 days at the request of Abrego Garcia’s attorney, citing fears he would be brought up and deported immediately.

Crenshaw said in a 37-page ruling that the Justice Department “provided no evidence that Abrego’s history or his characteristics exhibited the characteristics of guaranteeing detention.”

Federal judge expands debate in Abrego Garcia case

So does he Pour cold water The government has repeatedly accused Abrego Garcia of being a member of the MS-13 gang, known as “Fantasy.”

It is unclear whether Crenshaw will intervene and approve the motion to dismiss, and will be filed later on Tuesday.

But that’s because Abrego Garcia’s case has been at the center of a months-long legal vortex, and critics argue that the Trump administration can test its courage to enforce immigration law and its ability to act slowly or evade compliance with federal courts.

Abrego Garcia’s attorney’s request is focusing on criminal prosecutions and investigations in the central Tennessee region, stemming from the state’s 2022 traffic parking.

His lawyers argued Tuesday that the timeline of the investigation and the incitement showed that the government paid an “extreme length” to “put a criminal case” against its clients.

But Abrego Garcia’s case is very complicated and involves duels, but Inseparable intertwined At dozens of status hearings were held before judges on both continents, civil and criminal cases were prosecuted within about six months.

Therefore, any next step in the case will be full of political backlash.

Friday’s deadline will be released from U.S. detention in Nashville at the end of a 30-day stay Friday in civil and criminal cases involving Abreg Garcia, which will result in restrictions imposing by U.S. District Judge Paula Xinis in a separate court order last month awarded by U.S. District Judge Paula Xinis in Maryland.

The order calls for his transfer from Nashville to the nearest ice detention center in Maryland. Lawyers told the court they planned to escort him through private security because his family’s lawyers acknowledged the Trump administration’s compliance in an interview last month.

Sinis said under her order that Ice officials also asked to issue a 72-hour dismissal notice to Abrego Garcia before starting deportation.

Maryland immigrants were wrongly deported to El Salvador and must return to us, Supreme Court Rules

A protester held a Center for Instruction Terrorism Confinement (CECOT) in a controversial large prison in El Salvador during a Mayday demonstration against President Trump’s immigration policy in Houston, Texas. (Ronaldo Schemidt/AFP via Getty Images)

Abrego Garcia’s case prompted at least three government officials from the DHS and the Justice Department to fire or resign, including the sudden resignation of former federal prosecutor Ben Schrader, former head of the criminal department in the central U.S. region.

Schrader resigned under the Justice Department’s lawsuit against Abrego Garcia.

They noted that his lawyers used documents filed by the Hail Mary court this week detailing the timeline of civil lawsuits and the Justice Department’s criminal investigation into Abrego Garcia, who began while he was still in El Salvador.

“Kilmar Abrego Garcia was picked out by the U.S. government,” his lawyer said Tuesday. “It’s obvious why.”

The new document details the history of the Trump administration’s actions in Abrego Garcia’s nearly six-month legal legend that has spanned two continents and multiple federal courts, making his case one of the most famous immigration battles to date.

In the motion for dismissal, Abrego Garcia’s lawyers ticked Trump’s first wave of deported flights to El Salvador in March, and a final return a few months later. They detailed when the Justice Department began its investigation into Abrego Garcia and when a federal prosecution was signed against him.

They believe the timing shows that the criminal case was brought “for declarative reasons” by the Trump administration, and in their view, Abrego Garcia’s family filed a lawsuit in Maryland, challenging his removal.

Judge pushes Trump Doj in Abrego Garcia’s deportation; answer leaves court shocked silence

The wife of Jennifer Vasquez Sura’s Kilmar Abrego Garcia stood with the protesters and assembled Garcia outside the federal court at a hearing in Greenbelt, Maryland. (Jim Watson/AFP via Getty)

Abrego Garcia returned to the United States in May months after a Maryland judge presided over a civil case, ordering the Trump administration to promote his return to the United States.

The government’s lack of candidness and ongoing stone walls has prompted newcomers to threaten potential contempt process earlier this year.

Abrego Garcia was immediately slapped by two human smuggling charges in 2022 traffic parking lots after returning to the U.S. in May, raising new questions about the government’s next steps.

“Our continued focus on the Trump administration’s compliance with anyone involved,” Chris Newman, an attorney representing Abrego Garcia’s family, told Fox News Digital in an interview last month.

Abrego Garcia’s lawyer pointed out on Tuesday, They thinkthe government “has not responded by chance, nor was it an effort to resolve its mistakes, but a rebellion.”

“A group of the top U.S. officials sought revenge: They started a public campaign to punish Mr. Abrego for daring to fight back, which ultimately led to a criminal investigation that led to the charges in the case,” his lawyer said in a Tuesday filing.

They added: “Instead of solving the error and returning Mr. Abregor to the United States, fight back at all levels of the federal court system. “The case was caused by the government’s joint efforts to punish him for his courage to fight back rather than accept cruel and injustice. ”

His lawyer urged Crenshaw to quickly dismiss the indictment.

The motion to dismiss the criminal case comes Friday after U.S. District Judges Barbara Holmes and Crenshaw agreed to grant Abrego Garcia’s legal team a 30-day stay required by Abrego Garcia’s legal team.

Abrego Garcia stays in the United States for the time being, with the Justice Department agreeing

Agriculture Secretary Brooke Rollins, Secretary of State Marco Rubio, President Trump and Attorney General Pam Bondi held a cabinet meeting on March 24, 2025 at the White House in Washington, D.C. (Samuel Corum/Sipa/Bloomberg via Getty Images)

Trump officials said they will immediately seek to detain Abrego Garcia and begin dismissal to a third country. They told the Sinis Court last month that this could happen at the federal detention center where he is currently in custody.

In filing the documents, the attorney pointed out that the defense must meet the arduous burden of evidence under the federal criminal proceedings rules so that the court can apply for Judge Crenshaw’s application to dismiss the indictment based on “selective or defense prosecution.”

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“These motions are rarely made and rarely succeeded,” they noted.

“But if there was ever a reason to be fired, that’s the case.”