Immigration

'FINAL ORDER OF REMOVAL STANDS': Judge Deals Blow to Abrego Garcia’s Attempt To Reopen Case

posted by Hannity Staff - 10.02.25

An immigration judge has denied Kilmar Abrego Garcia’s bid to reopen his deportation case, a major blow to the alleged MS-13 member’s effort to stay in the U.S.

Abrego Garcia filed an emergency motion in August, claiming he was now eligible for asylum after returning to the U.S. following deportation to El Salvador. But Regional Deputy Chief Immigration Judge Philip Taylor ruled Wednesday that the motion was “untimely,” nearly six years after his immigration proceedings, according to court documents obtained by ABC News.

The Department of Homeland Security confirmed the decision.

“With today’s ruling, Kilmar Abrego Garcia’s final order of removal stands,” DHS said in a statement. “This MS-13 gang member, human trafficker, domestic abuser, and child predator will never be loose on American streets.”

DHS added: “His lawyers tried to fight his removal from the U.S. but one thing is certain, this Salvadoran man is not going to be able to remain in our country. He will never be allowed to prey on innocent Americans again.”

By law, foreign nationals must apply for asylum within one year of entering the U.S. Abrego Garcia was denied asylum in 2019 but was granted a withholding of removal. After his deportation and return this year, his lawyers argued he should be allowed another asylum application.

Abrego Garcia became a high-profile case in President Trump’s immigration crackdown when he was deported to El Salvador in March and briefly imprisoned in the country’s mega-prison. Following Democratic outcry, he was returned to the U.S. to face human smuggling charges in Tennessee.

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