US Judge Dismisses Criminal Case Against Man Wrongfully Deported to El Salvador
A federal judge ruled the government launched a 'vindictive prosecution' to justify the deportation of Kilmar Abrego Garcia to a notorious megaprison.
Primary source: BBC World News. Full source links and update notes are below.
Fast summary
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- US District Judge Waverly Crenshaw dismissed human smuggling charges, citing a presumption of vindictiveness by the government.
- The judge found that prosecutors only reopened a closed 2022 investigation after Abrego Garcia successfully challenged his removal to El Salvador.
- Abrego Garcia had been mistakenly deported to the CECOT megaprison in 2025 despite a court order protecting him from gang persecution.

What happened
A US federal judge has dismissed a criminal case against Kilmar Abrego Garcia, a man whose wrongful deportation to El Salvador became a focal point of immigration policy debate. US District Judge Waverly Crenshaw ruled that the human smuggling charges brought against him were politically motivated. The decision ends a legal battle that saw Abrego Garcia arrested upon his court-ordered return to the United States last June.
What's new in this update
Judge Crenshaw's opinion specifically cited evidence that the executive branch only reopened an investigation into a November 2022 traffic stop after Abrego Garcia won a lawsuit challenging his removal. The judge stated that the government failed to rebut the 'presumption of vindictiveness' and concluded the prosecution was launched to justify the previous decision to deport the 30-year-old.
Key details
Abrego Garcia was originally charged with human smuggling following a traffic stop in Tennessee where multiple people were found in his vehicle. Federal prosecutors argued the charges were apolitical and based on evidence of a crime, but the court found that the investigation had been dormant until Abrego Garcia's legal victory. Since returning to the US, Abrego Garcia has faced multiple arrests, including a detention in Baltimore that was later barred by a separate judge.
Background and context
Abrego Garcia, who has lived in Maryland for years and is married to a US citizen, was deported in March 2025 despite a judge's prior ruling that he faced gang persecution in El Salvador. He was held for months in the notorious CECOT megaprison. His return to the US was only secured after a Supreme Court order, yet he was immediately arrested on the Tennessee smuggling charges upon landing.
What to watch next
The US Justice Department has not yet commented on whether it intends to appeal the judge's decision. Abrego Garcia's status remains under the protection of a court order that prevents the government from removing him to a third country—such as Uganda—while his legal matters are settled. Supporters, including Senator Chris Van Hollen, have hailed the dismissal as a victory for constitutional rights.
Why it matters
The ruling rebukes the use of retaliatory criminal charges as a tool to validate controversial immigration enforcement decisions and executive branch actions.
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