Kilmar Abrego Garcia v. Markwayne Mullin (Deportation, 4th Cir. 25-1345)
Case Overview
The government appealed Judge Xinis's order requiring the government to return Abrego Garcia to the United States from an El Salvador prison.
Legal Issues
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TikTok The Application
Judge Xinis found Abrego Garcia's due process rights were implicated in his deportation and issued a preliminary injunction requiring his return; the Fourth Circuit affirmed this finding, determining the government had not demonstrated a likelihood of success on the merits of its appeal.
The Conclusion
The Fourth Circuit had denied the government's emergency motion to stay the district court's order requiring Abrego Garcia's return. On September 2, 2026, the Fourth Circuit then dismissed the government's appeal for failure to prosecute after the government did not file the required docketing forms, and it issued the mandate the same day. The appeal ended without a merits decision on the separation-of-powers and due-process questions it had raised.
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