Erosion of trust

Dear Readers, Kilmer Abreǵo Garcia’s life has devolved into a novella.  The twists and turns of his story are politically charged; the consequences of the government disrespecting the legal system should not be.

The Government accuses Abreǵo Garcia of being a member of a violent Central American gang, “MS-13.”  Despite multiple court opportunities, it has never produced any evidence to support this allegation.  

In 2019, he had been granted “protected status,” specifically barring forcible removal to El Salvador, because of dangers faced in his birth country.

Last year (March 12, 2025), Abreǵo Garcia was detained by ICE on suspicion of gang ties.  Three days later (March 15, 2025), without being afforded any due process, he was loaded into a plane and deported to El Salvador against U.S. District Court (D.C. Court) Chief Judge Boasberg’s order to ground the flight (as well as his protected status) to permit Garcia some legal process.  Judge Boasberg initiated contempt proceedings because the planes were not grounded or turned around.  

The Government appealed to the United States Supreme Court.  It claimed Judge Boasberg lacked jurisdiction to issue this order – the planes left from Texas and Garcia resided in Maryland.  The Supreme Court concurred as to the lack of jurisdiction, while leaving the contempt proceedings alone.  

The Government never explained why the planes never returned; there is a suggestion that there was intentional defiance.  As Judge Boasberg was trying to get to the bottom of things, on April 1, 2025, an ICE official formally admitted to him that this was an “administrative error,” although asserting Garcia’s protected immigration status had been rescinded (again, because of the phantom gang ties).  Meaning, “Oops, but no harm, no foul.” 

In the meantime, Abreǵo Garcia’s attorneys filed suit in Maryland before U.S. District Judge Paula Xinis.  After a hearing on April 4, 2025, she ordered the Government to “facilitate and effectuate” Abreǵo Garcia’s repatriation from El Salvador within three days.  

During this hearing, a Justice Department lawyer (Erez Reuveni) conceded he had no answers about what had happened, stating, “Your honor, my answer to a lot of these questions is going to be frustrating, and I’m also frustrated that I have no answers for you on a lot of these questions.”  The next day, he was placed on “indefinite paid leave” for not being a “zealous advocate” for the Government’s position.

This order was also appealed to the Supreme Court.  Initially, Chief Justice Roberts stayed (temporarily stopped) it.  However, within the week, the Court unanimously approved Judge Xinis’ order, while musing that “effectuating” needed clarification.  

Over the next two (2) months, our government repeatedly pushed back as Judge Xinis endeavored to enforce her April 4^th order.  Taking a cue from the Supreme Court, the Government contended it had no authority or ability to retrieve Abreǵo Garcia from another sovereign nation (President Trump said otherwise in a news interview).  This position ultimately proved damning.

Secretly, the Department of Justice was reviving its review of a 2022 traffic stop of Abreǵo Garcia in Tennessee.  Some of the individuals in the vehicle were undocumented.  

The Government used this as a pretext to indict him with illegal human tracking.  On June 6, 2025, we went down to El Salvador and brought him back to Tennessee to face the criminal charge.  

For the next year, the Government tried to use this indictment as leverage to convince Abreǵo Garcia to voluntarily deport.  He actually agreed to be sent to Costa Rico.

A week ago, U.S. District Judge Waverly Crenshaw dismissed the criminal case as “vindictive prosecution,” a rare, rare finding of prosecutorial misconduct.  She found a link between it and the immigration struggle, a legal conclusion buttressed by Acting Attorney General Todd Blanche’s public statements.  She observed, “Blanche’s now unrebutted public statements tying the reopened investigation to Garcia’s successful lawsuit taint the investigation with a vindictive motive.  The evidence before this Court sadly reflects an abuse of prosecuting power.”

Across the nation, the Government is losing respect from the bench.  Judge Xinis and Judge Boasberg reflected sentiments similar to Judge Crenshaw in officiating Abreǵo Garcia’s saga.  

This is the proverbial “tip of the iceberg.”  Where the Government and attorneys representing it have been used to a presumption of regularity and honesty, courts now view statements and positions of these officials with a side-eye glance.  

Abreǵo Garcia has spent over a year as a pawn in a political power play.  He may be able to resume his paused life, but this erosion of trust may be irrevocable.

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami.  Owner of Rockefeller Law Center, Jim has been in private practice since 2000.  E-mail your comments or confidential legal questions to ajr@rockefellerlawcenter.com.