NEW: Mr. Abrego has Filed a Petition for Writ of Habeas Corpus and has Designated Costa Rica as his Preferred Country of Removal
There will be a hearing today at 2 PM ET in front of Judge Xinis
Today, lawyers for Mr. Abrego filed a petition for Writ of Habeas Corpus in the district of Maryland after being detained by ICE without being given the opportunity to be heard on his fear of persecution and torture in Uganda. The case has been assigned to Judge Paula Xinis, who has scheduled a hearing for today at 2 PM ET.
Mr. Abrego’s lawyers remind the court that a government witness testified under oath that the plans for deporting Mr. Abrego would not be known until after he was taken into ICE custody, but that testimony has been “proven to be entirely false.” Mr. Abrego’s lawyers also contend that the required 72-hour notice has not yet begun because Mr. Abrego was not served with the removal order to Uganda.
The argument for relief in this case is that the government’s detention and removal orders are punishment for constitutionally protected activity - namely filing a lawsuit, seeking pretrial release, and refusing to plead guilty to the two crimes he’s been charged with. The punishment here is the lengthy detention that will inevitably result from this litigation.
Mr. Abrego is asking the court to order the government to show cause justifying his detention, an injunction prohibiting the government from moving him more than 200 miles from Baltimore, an injunction barring removal to Uganda without first considering Costa Rica, an order requiring a reasonable fear interview prior to removing him to Uganda, and a ruling that his detention violates his due process rights and the law.
Finally, they’re asking for his release from custody.
Tierney L. Cross/The New York Times
More power to him! PLEASE, may the “right” thing happen this time. This many has been the subject of a witch hunt like no other. I don’t know him but I know he has rights our own government is trampling on. Just follow the law and let things happen as they should have.
Kilmar Abrego Garcia is being singled out, targeted.
He is now falling victim to trump's childish vindictiveness because trump was shamed in Garcia's case.