US files motion to dismiss lawsuit over Kilmar Abrego Garcia's deportation
US files motion to dismiss lawsuit over Kilmar Abrego Garcias deportation
The Associated Press
May 28, 2025, 4:01 PM
The Trump administration has asked a federal judge to dismiss the lawsuit over Kilmar Abrego Garcia s mistaken deportation to El Salvador, arguing the court lacks jurisdiction because hes no longer in the United States.
The request for dismissal late Tuesday was a procedural move by the U.S. government, which was required to respond to Abrego Garcias lawsuit within 60 days. U.S. attorneys reiterated their arguments from late March against his return.
The governments filing is the latest development in a case that has carried on for two months without any discernible movement toward resolution, despite a judges order to bring back Abrego Garcia and a subsequent Supreme Court ruling to facilitate his return.
President Donald Trump told ABC News in late April that he could retrieve Abrego Garcia with a phone call to El Salvadors president. But Trump said he wouldnt do it because Abrego Garcia is a member of the MS-13 gang, an allegation that Abrego Garcia denies and for which he was never charged.
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