Kilmar Abrego Garcia v. Kristi Noem, 25-1345

Abrego Garcia, a Salvadoran national, was lawfully present in the U.S. under withholding of removal since 2019 due to a credible threat of persecution in El Salvador.
In March 2025, ICE agents unlawfully detained and deported Abrego Garcia to El Salvador due to an admitted administrative error, despite a valid court order prohibiting his removal to that country.
Upon deportation, he was imprisoned in CECOT, a notorious Salvadoran facility, under a U.S.-El Salvador agreement allowing the U.S. to pay for detainee housing pending further decisions.
Abrego Garcia, represented by his family, filed suit in federal court against multiple government officials, raising five claims, principally due process and violation of the Immigration and Nationality Act.
The district court issued a preliminary injunction requiring the government to facilitate and effectuate Abrego Garcia’s return to the U.S.; the government sought an emergency stay pending appeal, which the appellate panel denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction under INA § 1252(g)	Federal courts retain jurisdiction as removal violated a statutory ban.	Courts lack jurisdiction over removal execution actions by Attorney General.	Jurisdiction exists; removal order was invalid.
Scope of injunctive relief / Separation of Powers	Injunction proper; requires government to correct its error in lawfully held cases.	Injunction intrudes on Executive’s foreign affairs power; can't compel foreign nations.	Injunction only requires U.S. facilitation, not demand; no separation violation.
Irreparable harm / Stay factors	Continued detention in El Salvador causes harm; no stay justified.	No showing of irreparable injury to government; government claims harm to process.	Government failed to show irreparable harm; stay denied.
Public Interest	Upholding due process and returning wrongfully removed persons is paramount.	Public interest in removing alleged gang members and maintaining executive discretion.	Public interest favors due process and constitutional compliance.

Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471 (limits INA § 1252(g) jurisdictional bar to three discrete actions by Attorney General)
Nken v. Holder, 556 U.S. 418 (sets stay and return standards for wrongfully removed noncitizens)
Johnson v. Guzman Chavez, 594 U.S. 523 (withholding of removal prohibits removal to specifically designated country)
United States v. Curtiss-Wright Exp. Corp., 299 U.S. 304 (establishes President as nation’s exclusive external relations representative)
Zivotofsky v. Kerry, 576 U.S. 1 (confirms Executive’s primacy in foreign affairs)
Mistretta v. United States, 488 U.S. 361 (adopts flexible separation of powers doctrine)