An immigration judge on Wednesday denied MS-13 gang member Kilmar Abrego Garcia’s request for asylum.
Abrego Garcia asked an immigration judge to reopen his asylum case after he was deported to El Salvador and then brought back to the United States.
Abrego Garcia was an illegal alien residing in Maryland when he was deported to his home country of El Salvador earlier this year and placed in the notorious CECOT prison, however, radical left-wing judges ordered him to be returned to the US.
The US government brought Abrego Garcia back to the US after federal prosecutors in Tennessee indicted him on child sex-trafficking charges.
Following the indictment, the Trump Administration informed Abrego Garcia that he may deported to Africa.
Abrego Garcia immediately put up a legal fight to stop his deportation claiming fear of persecution and torture in Uganda.
“I fear persecution in Uganda on account of my race, nationality, political opinion, and membership in a particular social group. I also fear torture by or at the acquiescence of a public official in that country,” Abrego Garcia said in August.
The Trump Administration then informed Abrego Garcia he may be deported to the tiny landlocked African country of Eswatini.
BREAKING: @FoxNews has obtained an email ICE sent to Kilmar Abrego Garcia’s lawyers this afternoon notifying them that ICE now plans to deport him to the tiny African country of ESWATINI due to him claiming fear of persecution/torture in Uganda & 20+ other countries, which ICE… pic.twitter.com/qpPiE6ZeyB
— Bill Melugin (@BillMelugin_) September 5, 2025
The immigration judge on Wednesday said Abrego Garcia did not show sufficient evidence that the DHS was going to remove him to Eswatini or Uganda.
“The word ‘may’ is permissive and indicates to the Court that in sending this notification to Respondent’s counsel, the Department sought to convey that it reserved the right to remove him to Uganda, not necessarily that it intended to do so, that it had decided to do so, or that it would do so imminently,” Judge Philip Taylor wrote, according to ABC News.
ABC News reported:
An immigration judge on Wednesday denied a motion filed by Kilmar Abrego Garcia’s attorneys to reopen his immigration case, according to a copy of the decision obtained by ABC News.
In the emergency motion filed in August to reopen the case, attorneys for the wrongly deported Abrego Garcia argued that because he was deported to El Salvador and then brought back to the United States, he is now eligible to apply for asylum within one year of his last entry into the U.S.
But in the order filed on Wednesday, Regional Deputy Chief Immigration Judge Philip Taylor said that Abrego Garcia’s motion to reopen his motion to seek asylum is “untimely” because he filed the motion nearly six years after his immigration proceedings — beyond the 90-day deadline required.
Judge Taylor also concluded there is “insufficient evidence” that the Department of Homeland Security has decided to remove Abrego Garcia to Uganda, Eswatini, or any other third country, after the DHS sent Abrego Garcia’s attorneys a notice in August saying the agency may deport their client to Uganda.
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