Trump Admin Seeks To Dismiss Abrego Garcia Case Because He's Not In The US

[BumRushDaShow]

Source: Newsweek

Published May 28, 2025 at 12:04 AM EDT | Updated May 28, 2025 at 8:53 AM EDT


The Department of Homeland Security (DHS) asked a judge on Tuesday to dismiss a lawsuit related to the deportation of El Salvadoran national Kilmar Abrego Garcia. Newsweek reached out to Abrego Garcia's lawyer via email Tuesday night for comment.

Why It Matters

Abrego Garcia was detained in 2019 and has since been accused of being a member of the MS-13 gang, which President Donald Trump's administration has designated as a foreign terrorist organization. He and his lawyer have denied involvement in the gang, but two judges concluded that he was an MS-13 member based on confidential information provided to the court.

Abrego Garcia was shielded from deportation to his native country because he said that he would be a target of MS-13's rivals. He was ultimately deported to El Salvador after being arrested in what Trump administration lawyers called an "administrative error" but not "misconduct." Abrego Garcia was being held at El Salvador's notorious Terrorism Confinement Center (CECOT) but has since been moved to another facility in his native country. He has not been convicted of a crime.

What To Know

In a court filing late Tuesday, the Trump administration said that a lawsuit seeking to repatriate Abrego Garcia should be dismissed because he's not in the U.S. The Court must dismiss Plaintiffs' claims against Defendants because, taking all factual allegations in their Complaint as true, they fail to establish subject-matter jurisdiction," the DHS said.

Read more: https://www.newsweek.com/trump-doj-kilmar-abrego-garcia-case-dismissal-2077763

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Link to MOTION (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.165.0_3.pdf

[Baitball Blogger]

1. Doubling down on his contempt of court.

He's essentially saying, you can't tell me what to do because he's no longer in the US.

Not sure how that flies, since the Trump Administration is benefitting from its own crime.

[Attilatheblond]

2. Kinda like the newpaper that refered to Lizzy Borden as a self made orphan

[Irish_Dem]

3. He can kidnap, ship any of us overseas and say court has no jurisdiction because we are out of country.

This is what happens when a mob boss occupies the Oval Office.

[IronLionZion]

7. They are in a hurry to quickly remove people from the US

and then claim the US constitution/laws no longer apply. It's a dangerous legal precedent. Reminds me of Argentina flying dissidents out over international waters to kill them without trial.

[Irish_Dem]

8. Right kill us in international waters. Who has jurisdiction?

[ancianita]

4. This bondi doj "seeks to dismiss" everything.

All federal courts' first and foremost priority is the constitutional right to due process, which right now, is a fundamental Right denied by Noem's DHS to everyone shipped out of this fascist country, propped up by both a doj and DHS that serve the lawless interests of the felon who mass pardons other felons.

[republianmushroom]

5. Judge is still pounding that sand.

[Ponietz]

6. We knew it would come to this -- a Motion to Dismiss on Ratfuck Grounds

No personal jurisdiction. I’ll bet SCROTUS buys it.

[muriel_volestrangler]

9. The Oubliette: A Torture of Unspeakable Horror

Oubliette (pronounced "oo-blee-ett" ) is a French term from the verb "oublier" (which means "to forget" ). It was so named because a prisoner was thrown down into one and then forgotten. An oubliette was a specialized type of dungeon, with the only entrance a trap door at the top, agonizingly out of reach of the prisoner.

https://owlcation.com/humanities/Oubliette-French-Torture-Halloween

[pnwmom]

10. Isn't this the argument they've always made? nt