The Justice Department is asking a federal appeals court to revive its human smuggling case against Kilmar Abrego Garcia, arguing the judge was wrong to throw out the charges over concerns about why prosecutors brought them.
The Trump administration deported Abrego Garcia, a Salvadoran national, to El Salvador last year despite a previous immigration court order barring his removal there. He was later returned to the United States.
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Prosecutors charged him with two human smuggling counts tied to a 2022 traffic stop in Tennessee, and he has pleaded not guilty.
A federal judge in Tennessee dismissed the indictment in May, saying the timing and circumstances raised enough concern about retaliation to throw out the case.
The government’s appellate brief confirms the court did not find sufficient evidence of actual vindictiveness, but instead relied on a presumption of vindictiveness that it found DOJ had not overcome.
Justice Department appeals
In Monday’s filing with the 6th U.S. Circuit Court of Appeals, DOJ said career prosecutors pursued the case because they believed the evidence supported the charges and could be proved beyond a reasonable doubt.
The department also argued the judge put too much weight on prosecutors’ motives when deciding whether the case could proceed.
The DOJ warned that the ruling could give courts broader power to dismiss criminal cases on questions about why charges were brought.
Defense calls case retaliatory
Abrego Garcia’s attorneys rejected the government’s argument, calling it “flat wrong” in a statement to CBS News.
The defense says the timing tells a different story. His attorneys point to Abrego Garcia’s Supreme Court victory and argue the prosecution that followed was retaliation for his successful legal challenge.
The criminal case traces back to a November 2022 traffic stop in Tennessee, when state troopers found numerous passengers in Abrego Garcia’s vehicle. No federal charges were filed at the time.
The charges remain dismissed while the appeal continues. Abrego Garcia’s attorneys can respond before the 6th Circuit decides whether the case should be revived.
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