DOJ Appeals Dismissal of Criminal Charges Against Wrongfully Deported Kilmar Ábrego García

The Justice Department is appealing a federal judge's dismissal of smuggling charges against Kilmar Ábrego García, the man wrongfully deported to El Salvador.

A federal judge dismissed a criminal indictment against Kilmar Ábrego García in May — now the Justice Department wants that decision reversed. The DOJ has filed an appeal seeking to reinstate charges that accused Ábrego García of smuggling immigrants illegally in the United States. His attorneys have called the appeal 'flat wrong.' Ábrego García became the center of a high-profile legal dispute after the Trump administration deported him to El Salvador despite a court order barring his removal. The deportation was later acknowledged as a mistake by the government, drawing significant legal and public scrutiny. The criminal case against him was separately pursued in a U.S. federal court, where a judge sided with the defense and dismissed the indictment in May. The DOJ's decision to appeal that dismissal means the case is now headed back before the courts, with Ábrego García's legal team pushing back on the government's effort to revive the charges.

Why it matters

The case has become a flashpoint in legal debates over deportation practices and due process, and the DOJ's appeal keeps Ábrego García entangled in criminal proceedings despite his wrongful removal from the country. The outcome could affect similar cases involving deported individuals facing charges in U.S. courts.

What's next

The appeal will be reviewed by a higher federal court, which will determine whether to reinstate the previously dismissed smuggling indictment against Ábrego García.

Key facts

Bias & framing notes

The Guardian's framing emphasizes the 'wrongful deportation' context and leads with the defense's characterization of the appeal as 'flat wrong,' lending more weight to the criticism of the DOJ. CBS News takes a more procedural, neutral tone, focusing on the legal mechanics of the appeal without foregrounding the deportation controversy. Both sources agree on the core facts.

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