The federal judge who supervises the case of unfair deportation of Kilmar Abrego García denied on Wednesday a motion of the Trump administration to further delay the discovery in the case.
The order occurred a week after the judge stopped the accelerated discovery for seven days after the Trump administration asked for the stay.
The judge, the United States District Judge, Paula Xinis, at the beginning of this month criticized the Administration for its inaction on the unfair deportation of Abrego García and ordered government officials to testify under oath through the issued discovery.
Abrego García, a Salvadoran native who has been living with his wife and children in Maryland, was deported in March to the mega prison of Cecot of El Salvador, despite a 2019 court order that prohibits deportation to that country due to fear of persecution, after the Trump administration said he was a member of the Gang MS-13 criminal.
After his request on Wednesday, Judge Xinis established new deadlines for the Government to respond to applications.
By May 5, the Government must respond and respond to all pending discovery requests and complement its invocations of privileges consisting of the previous orders of the Court, Xinis ruled.
The statements of four witnesses of the government that the plaintiffs say that they have knowledge of the circumstances in the case must be completed before May 9, he ordered.
Kilmar Abrego García, a Salvadoran migrant in this booklet image obtained by Reuters on April 9, 2025.
Abrego Garcia Family Via Reuters
Abrego García’s lawyers can seek the court’s permission to make up to two additional statements, Judge Ximis said.
The plaintiffs have a deadline of May 12 to renew their relief motions, which previously asked the Court to order the Government to fulfill the order to facilitate the return of Abrego García to the United States, and to order the Government to demonstrate why it should not discredit it for not complying with the previous orders of the Court.
The government will have until May 14 to respond to that motion, Xinis said.
The Trump administration, although he acknowledged that Abrego García was deported to El Salvador by mistake, has said that his alleged affiliation of MS-13 makes him inelegable to return to the United States. His wife and lawyer have denied that he is a member of MS-13.
In 2019, an immigration judge determined that Abrego García was removable from the United States. According to the accusations of affiliation of his gang made by the Local Police in Maryland. But Abrego García was subsequently granted the retention of extraction to his country of origin.
Judge Xinis at the beginning of this month ruled that the Trump administration must “facilitate” the return of Abrego García, and the Supreme Court of the United States unanimously said that ruling, “with the due consideration due to the deference owed to the executive branch in the conduct of foreign affairs.”
On Tuesday, in an exclusive interview with ABC News to mark his centenary in office, President Trump said “could” ensure the return of Abrego García, and “if he were the gentleman who says he is, he would do it,” before adding: “It is not me who makes this decision.”
