(MARYLAND, UNITED STATES) An immigration judge has issued an asylum bid denial for Kilmar Abrego Garcia, a Salvadoran national long known in his community as a Maryland man with deep family ties in the United States. The ruling rejects his request to reopen his 2019 case, even though he lives with his American wife and children in Maryland. His lawyers said they will appeal, and a federal court order still blocks his removal from the continental United States while related cases move forward.
Ruling and immediate next steps
The judge’s decision means Abrego Garcia has 30 days to appeal to the Board of Immigration Appeals. The appeal is normally filed using Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge, which is available on the Executive Office for Immigration Review’s website here.
If he seeks to raise new facts or updated country conditions, his legal team may also reference his past protection record. For context, people request asylum using Form I-589, Application for Asylum and for Withholding of Removal—the form and instructions are on the U.S. Citizenship and Immigration Services page here.
According to court filings cited by his attorneys, a federal judge has barred the government from deporting him outside the continental United States while the courts review related issues. His lawyers argue that if no removal is planned soon, he should be released from detention to reunite with his family in Maryland.
The American Civil Liberties Union (ACLU) has called the government’s approach “vindictive,” pointing to past attempts to send him to a country where he has no ties. CASA, a local advocacy and legal group, is providing representation and has organized community support.
Important: The 30-day appeal deadline is strict. Missing it may forfeit appellate review.
Background and contested deportations
Abrego Garcia entered the United States as a teenager in 2011 after threats from gangs in El Salvador. An immigration judge later granted him withholding of removal in 2019, a protection that bars deportation to a place where a person faces likely harm. Withholding does not grant a green card or travel rights, but it is intended to prevent return to a dangerous situation.
In March 2025, despite that protection, he was wrongfully deported to El Salvador. He ended up in the CECOT mega-prison, which rights groups have criticized for harsh conditions. After emergency court orders, he was returned to the United States in June 2025.
The wrongful removal remains a central point in his legal fight because it undermines government claims that he can safely be removed to El Salvador or another country.
Once back in the U.S., he faced criminal charges in Tennessee, including a human smuggling count. His defense says the prosecution is retaliatory. A court allowed his team to pursue a vindictive prosecution claim, which permits seeking records and challenging the motives behind the charges.
Meanwhile, the government has attempted to remove him to third countries, including Uganda, where he has no connection. His lawyers say these efforts demonstrate bad faith and would split him from his U.S. citizen family. A federal judge has since prohibited his deportation from the continental United States for now. If that order remains and the government cannot secure a country that will accept him, his team plans to press for release from detention.
Wider implications for asylum seekers
This case highlights several issues that affect many families with pending immigration matters:
- Withholding vs. asylum
- A grant of withholding of removal is a vital shield, but it is narrower than asylum.
- Withholding blocks deportation to a specific country but does not provide a path to permanent residence that asylum can.
- Harm from wrongful deportations
- Wrongful removals, though relatively rare, cause lasting harm and fear.
- Courts can order returns (as happened here), but the damage to families and sense of safety often lingers.
- Third-country removal attempts
- Removing someone to a third country requires that the receiving country agree to accept them.
- Key questions include: Does the person have ties to that country? Will they be safe there?
- According to analysis by VisaVerge.com, such attempts often face rapid legal pushback and logistical barriers.
- Appeal timing and procedure
- The 30-day appeal deadline to the Board of Immigration Appeals is strict.
- Critical steps include:
- File Form EOIR-26 within 30 days.
- Pay the fee or request a fee waiver if eligible.
- Submit a clear legal argument and supporting evidence.
- Detention and release
- Detention/parole are separate from the appeal—release can still be requested while appeals are pending.
- Factors that can aid release requests: family ties, U.S. address, medical needs, and community support.
Practical advice for people in similar situations
- Keep copies of all court orders, especially any decision granting withholding of removal or staying removal.
- Mark the 30-day appeal timeline clearly and seek counsel quickly.
- If a wrongful removal occurs, seek emergency help from counsel and the court immediately.
- Keep proof of family ties and U.S. residence ready for any release request.
- If the government proposes removal to a third country, request proof the country will accept you and ask for time to respond.
Current status and what to expect
As of October 8, 2025, Abrego Garcia remains in legal limbo. His legal team can:
- Appeal the asylum bid denial to the Board of Immigration Appeals.
- Continue to challenge the Tennessee criminal charges and the motives behind them.
- Pursue release from detention if the federal order preventing deportation from the continental U.S. continues to block removal.
What happens next will likely depend on the Board of Immigration Appeals and related federal court proceedings.
Key takeaway: Families in cases like this often endure months of stress while appeals move forward, particularly when detention separates parents from children. The final outcome will hinge on the appeals process, any government removal plans, and how courts resolve claims of wrongful deportation and retaliatory prosecution.
VisaVerge.com reports that such cases frequently involve prolonged uncertainty for families, and local communities have rallied around Abrego Garcia, arguing that removal—whether to El Salvador or a third country—would put him at risk and leave his family without support.
This Article in a Nutshell
An immigration judge has denied Kilmar Abrego Garcia’s motion to reopen his 2019 asylum case, even though he lives with his American wife and children in Maryland. He must file an appeal to the Board of Immigration Appeals within 30 days using Form EOIR-26. A federal court has temporarily blocked his deportation outside the continental United States, after he was wrongfully deported to El Salvador in March 2025 and returned in June 2025 following emergency orders. His legal team plans to appeal the denial, challenge Tennessee criminal charges as potentially vindictive, and seek release from detention if removal remains barred. The case raises broader issues about withholding of removal versus asylum, the harm caused by wrongful deportations, attempts to remove migrants to third countries like Uganda, and the strict 30-day appeal timeline. Community groups including ACLU and CASA are providing legal support and advocacy.
