Judge Rips DOJ Lawyers for Undermining Own Case Against Abrego Garcia ...Middle East

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During a hearing, U.S. District Judge Paula Xinis once again proved that she doesn’t suffer fools as she torched the government’s lawyers for failing to produce an ICE detainer for Abrego Garcia. Xinis had made the request Monday and gave the government until Thursday to fulfill the order.

“You have taken the presumption of regularity and you’ve destroyed it in my view,” Xinis said, according to Politico’s senior legal affairs correspondent Kyle Cheney. The presumption of regularity gives particular deference to the executive branch for certain facts and details.

The judge said it was “insulting to [her] intelligence” that Giles would testify without having consulted with the office that would handle the case, according to Lawfare’s Anna Bower. As the hearing continued, she became increasingly frustrated that the government still offered no answers on its plan to remove Abrego Garcia.

The government argued that Giles’s testimony had demonstrated what happened to detainees like Abrego Garcia. “Name me one alien like Mr. Abrego, who has experienced what happened to him,” Xinis fired back.

The judge asked how the government’s claims square with a March 2025 memo and a July 9 email stating that if a third country made assurances to prevent torture or persecution, that “no further procedures” were necessary. While the government initially said that Abrego Garcia would still receive a fear interview, they eventually admitted the procedure outlined in the memo and email would likely apply to him.

Abrego Garcia had previously received a protective order preventing his removal to El Salvador, for fear of violence—which the government ignored by removing him there earlier this year. The Maryland man was returned from El Salvador to Tennessee to face two flimsy charges related to illegally transporting undocumented immigrants for cash. Despite a judge ordering Abrego Garcia’s release from pretrial detention, he still remains in custody after claiming that he feared he’d be deported by immigration authorities—who confirmed that was their plan. But the details of that plan are still unclear.

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