Federal Appeals Court Declines to Block Return Order for Deported MS-13 Member
A federal appeals court on Thursday denied the U.S. Department of Justice’s emergency request to halt a lower court’s order requiring the government to assist in the return of Kilmar Abrego Garcia, a deported non-citizen with a violent criminal history and alleged MS-13 gang affiliation.
Abrego Garcia, who was deported last month to El Salvador, is currently being held at the country’s high-security Terrorism Confinement Center (CECOT).
Despite his extensive criminal background, including multiple domestic violence incidents, a district judge recently ruled that his removal violated certain legal standards following a U.S. Supreme Court decision.
As a result, the judge ordered the government to facilitate his return to the U.S.—a decision the Department of Justice appealed.
On Thursday, the U.S. Court of Appeals for the Fourth Circuit upheld the district court’s ruling, stating it would not intervene at this stage.
The three-judge panel—composed of appointees from both Democratic and Republican administrations—emphasized the importance of due process protections, regardless of immigration status.
Writing for the court, Judge Harvie Wilkinson expressed strong concerns about what he described as the government’s attempt to sidestep constitutional rights:
“The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process…
This should be shocking not only to judges but to the intuitive sense of liberty that Americans still hold dear.”
DOJ Pushback and Public Reactions
According to the Department of Homeland Security, Abrego Garcia, known by the street name “Chele,” has been identified as a member of the violent MS-13 gang.
His prior convictions and alleged gang connections have drawn sharp criticism from law enforcement and public officials.
Attorney General Pam Bondi publicly stated that despite the ruling, Garcia would not be permitted to reenter the U.S. unless El Salvador voluntarily agreed to his release:
“He is not coming back to our country,” Bondi told Fox News earlier this week.
Meanwhile, former Trump adviser Stephen Miller appeared on Fox News to clarify the administration’s stance.
In a heated exchange with anchor Bill Hemmer, Miller rejected claims that Garcia was “mistakenly deported,” attributing that narrative to a now-dismissed Department of Justice official.
NEW – Stephen Miller NUKES Fox News Anchor for Pushing Fake Narrative About Trump Admin ‘Mistakenly’ Deporting MS-13 Member
This is what it looks like to dismantle a mainstream media lie in real time.
Live on Fox News, Stephen Miller took aim at anchor Bill Hemmer, who repeated… pic.twitter.com/zMPoSqknsW
— Overton (@overton_news) April 14, 2025
“This was not an error,” Miller asserted. “Garcia is a citizen of El Salvador, was here illegally, and has a final deportation order from 2019.
The narrative that his removal was improper is entirely false and politically motivated.”
Miller also emphasized that the Supreme Court’s recent ruling only compels the government to “facilitate return” if a foreign country allows it—not to physically bring the individual back or overturn a lawful deportation.
What’s Next?
While the court ruling keeps the district judge’s order in place, Kilmar Abrego Garcia’s return remains uncertain, as it depends on whether El Salvador agrees to release him.
For now, the case continues to highlight complex legal intersections between immigration enforcement, federal authority, and due process protections.
