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What to know about the case of Kilmar Abrego Garcia, the Maryland man who was mistakenly deported to El Salvador

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The Trump administration released more information Wednesday on the case of Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to a Salvadoran prison.

In a social media post, Attorney General Pam Bondi shared documents linked to Abrego Garcia's arrest in 2019. 

Abrego Garcia's 2019 arrest

A "Gang Field Interview sheet" from the Prince George's County Police Department details Abrego Garcia's arrest in 2019, which led him to be subject to deportation.

According to the documents, detectives with the Hyattsville City Police Department saw four people "loitering in the parking lot" of the Home Depot at 3301 East-West Highway. As the detective approached the individuals, two of them reached into their waistbands and discarded several unknown items under a parked vehicle. 

Abrego Garcia's attorneys said he was soliciting work when he was arrested, and that police did not believe him when he told them he was not a gang member. 

According to the report, the responding detective "immediately recognized" another man, Christhyan Hernandez-Romero, also known as "Bimbo," as a member of the MS-13 Sailors Clique, who was among the group standing outside the Home Depot. 

Police found two plastic bottles containing marijuana at the scene. The four individuals were taken away for questioning, per the report.

Alleged links to MS-13 gang

According to police, members of the Prince George's County MS-13 Gang Unit had interviewed Hernandez-Romero, whom they had already encountered multiple times. The report alleges that Hernandez-Romero had an "extensive criminal history for multiple assaults, concealing dangerous weapons, burglary, and many other criminal offenses." 

Police said they also interviewed Jose Guillermo Dominguez, noting tattoos of skulls covering Dominguez's eyes, ears, and mouth, which they believe to be "indicative of the Hispanic gang culture," according to the report. 

The detectives then interviewed Abrego Garcia, who police said was wearing "a Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears, and mouth of the presidents on the separate denominations."  According to the report, police alleged that the clothing was also "indicative of the Hispanic gang culture," and that Abrego Garcia's hat represented that he was a "member in good standing" with the MS-13. 

Another man, Jasson Josue Ramirez-Herrera, was interviewed - but police said they were "unable to determine" his gang affiliation. 

According to the report, police contacted a "past proven" and "reliable" source of information who advised that Abrego Garcia was an active MS-13 member. 

Prince George's County Police alleged that "MS-13 gang members are only allowed to hang around other members or prospects for the gang," in their report.

In 2019, an immigration judge ruled that the informant's testimony was "proven and reliable," but said that Abrego Garcia should not be deported to El Salvador. 

The report noted that Abrego Garcia had no criminal history.

Abrego Garcia's attorneys deny gang claims

Abrego Garcia's attorneys have disputed the claim that he is a gang member, describing the allegations as "whispers and shadows." The attorneys claim that Abrego Garcia is accused of belonging to a branch of MS-13 that operates in Long Island, New York, a place he has never lived.

Abrego Garcia's attorneys wrote in their initial complaint that their client's name was not included in a Hyattsville City Police Department report about the Home Depot arrest, and said that the detective who authored the gang affiliation portion of the report had been suspended.

Was Abrego Garcia legally permitted to remain in the U.S.?

In 2019, a judge granted Abrego Garcia a "withholding of removal," a form of protection that forbids deportation to a specific country if the individual faces a credible threat of persecution or harm there.

In Abrego Garcia's case, the judge determined that a gang in El Salvador was targeting him and had threatened his life due to his family's pupusa business.

What led to Abrego Garcia's deportation?

Abrego Garcia was detained by U.S. immigration officials on March 12 in Maryland. By March 15, he was deported to CECOT, a prison known as the Terrorism Confinement Center in El Salvador. This action violated the standing court order that explicitly prohibited his removal to his home country. 

U.S. Immigration and Customs Enforcement (ICE) said an "administrative error" led to Abrego Garcia's accidental deportation.

Legal battle surrounding Abrego Garcia's deportation

Maryland leaders and legal experts are concerned about due process in the case of Abrego Garcia's deportation.

Initially, Judge Paula Xinis of the District Court for Maryland ordered the Trump administration to "facilitate and effectuate" Kilmar Abrego Garcia's return to the U.S. by 11:59 p.m. on Monday, April 7.

The Justice Department appealed that order, and the Supreme Court issued its ruling, requiring the Trump administration to facilitate Abrego Garcia's return. 

After the Supreme Court's ruling, Judge Xinis ordered the administration to provide her with information about Abrego Garcia's whereabouts and what actions were being taken to secure his return. On April 11, Xinis said in a written order that the justice department "made no meaningful effort to comply" with her directive.

On Wednesday, the justice department filed an appeal to Xinis's ruling.

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