The Department of Justice (DOJ) has requested the 6th U.S. Circuit Court of Appeals to reinstate the human smuggling case against Kilmar Abrego Garcia. The appeal follows U.S. District Judge Waverly Crenshaw's decision in May to dismiss the indictment, which accused Abrego Garcia of conspiring to transport illegal immigrants and unlawfully transporting them. The DOJ argues that the judge improperly questioned prosecutorial decisions and intruded on executive authority.
In a 68-page brief, the government contends that the dismissal was based on a presumption of vindictiveness due to Abrego Garcia's return to the U.S. after being removed to El Salvador. Associate Attorney General Stanley Woodward stated that prosecutors pursued the indictment based on evidence and legal standards, not vindictive motives.
Abrego Garcia, a Salvadoran national, was previously subject to a removal order but received limited protection from deportation due to credible fears of gang persecution. The government claims that the circumstances surrounding his return do not preclude a criminal investigation. The case originated from a traffic stop in November 2022, where Abrego Garcia was found with multiple passengers in a vehicle linked to human trafficking.
The 6th Circuit has yet to rule on the appeal, which is distinct from Abrego Garcia's ongoing immigration case in Maryland, where an injunction is currently in place preventing his removal to Liberia while litigation continues.