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What to know about Kilmar Abrego Garcia’s release from immigration custody

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What to know about Kilmar Abrego Garcia’s release from immigration custody

BALTIMORE — Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, was released from immigration detention on Thursday, and a judge has temporarily blocked any further efforts to detain him.

Abrego Garcia currently can’t be deported to his home country of El Salvador thanks to a 2019 immigration court order that found he had a “well founded fear” of danger there. However, the Trump administration has said he cannot stay in the U.S. Over the past few months, government officials have said they would deport him to Uganda, Eswatini, Ghana and, most recently, Liberia.

Abrego Garcia is fighting his deportation in federal court in Maryland, where his attorneys claim the administration is manipulating the immigration system to punish him for successfully challenging his earlier deportation.

Here’s what to know about the latest developments in the case:

Abrego Garcia is a Salvadoran citizen with an American wife and child who has lived in Maryland for years. He immigrated to the U.S. illegally as a teenager to join his brother, who had become a U.S. citizen. In 2019, an immigration judge granted him protection from being deported back to his home country.

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While he was allowed to live and work in the U.S. under Immigration and Customs Enforcement supervision, he was not given residency status. Earlier this year, he was mistakenly deported to El Salvador, despite the earlier court ruling.

When Abrego Garcia was deported in March, he was held in a notoriously brutal Salvadoran prison despite having no criminal record.

The Trump administration initially fought efforts to bring him back to the U.S. but eventually complied after the U.S. Supreme Court weighed in. He returned to the U.S. in June, only to face an arrest warrant on human smuggling charges in Tennessee. Abrego Garcia was held in a Tennessee jail for more than two months before he was released on Friday, Aug. 22, to await trial in Maryland under home detention.

His freedom lasted a weekend. On the following Monday, he reported to the Baltimore immigration office for a check-in and was immediately taken into immigration custody. Officials announced plans to deport him to a series of African countries, but they were blocked by an order from U.S. District Judge Paula Xinis in Maryland.

On Thursday, after months of legal filings and hearings, Xinis ruled that Abrego Garcia should be released immediately. Her ruling hinged on what was likely a procedural error by the immigration judge who heard his case in 2019.

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Normally, in a case like this, an immigration judge will first issue an order of removal. Then the judge will essentially freeze that order by issuing a “withholding of removal” order, according to Memphis immigration attorney Andrew Rankin.

In Abrego Garcia’s case, the judge granted withholding of removal to El Salvador because he found Abrego Garcia’s life could be in danger there. However, the judge never took the first step of issuing the order of removal. The government argued in Xinis’ court that the order of removal could be inferred, but the judge disagreed.

Without a final order of removal, Abrego Garcia can’t be deported, Xinis ruled.

The only way to get an order of removal is to go back to immigration court and ask for one, Rankin said. But reopening the immigration case is a gamble because Abrego Garcia’s attorneys would likely seek protection from deportation in the form of asylum or some other type of relief.

One wrinkle is that immigration courts are officially part of the executive branch, and the judges there are not generally viewed as being as independent as federal judges.

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“There might be independence in some areas, but if the administration wants a certain result, by all accounts it seems they’re going to exert the pressure on the individuals to get that result,” Rankin said. “I hope he gets a fair shake, and two lawyers make arguments — somebody wins, somebody loses — instead of giving it to an immigration judge with a 95% denial rate, where everybody in the world knows how it’s gonna go down.”

Alternatively, the government could appeal Xinis’ order to the 4th U.S. Circuit Court of Appeals and try to get her ruling overturned, Rankin said. If the appeals court agreed with the government that the final order of removal was implied, there could be no need to reopen the immigration case.

In compliance with Xinis’ order, Abrego Garcia was released from immigration detention in Pennsylvania on Thursday evening and allowed to return home for the first time in months. However, he was also told to report to an immigration officer in Baltimore early the next morning.

Fearing that he would be detained again, his attorneys asked Xinis for a temporary restraining order. Xinis filed that order early Friday morning. It prohibits immigration officials from taking Abrego Garcia back into custody, at least for the time being. A hearing on the issue could happen as early as next week.

Meanwhile, in Tennessee, Abrego Garcia has pleaded not guilty in the criminal case where he is charged with human smuggling and conspiracy to commit human smuggling.

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Prosecutors claim he accepted money to transport, within the United States, people who were in the country illegally. The charges stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was eventually allowed to continue driving with only a warning.

Abrego Garcia has asked U.S. District Court Judge Waverly Crenshaw to dismiss the smuggling charges on the grounds of “selective or vindictive prosecution.”

Crenshaw earlier found “some evidence that the prosecution against him may be vindictive” and said many statements by Trump administration officials “raise cause for concern.” Crenshaw specifically cited a statement by Deputy Attorney General Todd Blanche on a Fox News Channel program that seemed to suggest the Justice Department charged Abrego Garcia because he won his wrongful-deportation case.

The two sides have been sparring over whether senior Justice Department officials, including Blanche, can be required to testify in the case.

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A guard punched him on camera. It was still nearly impossible for him to sue

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A guard punched him on camera. It was still nearly impossible for him to sue

Michelle Mildenberg Lara for The Marshall Project

This much is undisputed: On Nov. 2, 2023, a guard and a prisoner at a federal penitentiary in California got into it over a straw sunhat that the officer had confiscated. The man — identified in court records by his initials, J.M. — walked out of the office, as Officer Sandra Munagay followed him. When he stopped and turned around, Munagay “cocked back … and punched me in my face,” he said in an interview. That is on camera. Munagay admitted to the assault and pleaded guilty this January to falsifying records about it.

But the more severe harm came after, J.M. said, in a hallway without security cameras. As Munagay kicked and hit him, she shouted to other officers that J.M. had attacked her. According to a lawsuit, at least three other guards then rushed in, forced him into a blind spot, and pinned him face-first to a wall. With J.M.’s hands cuffed, he says an officer then sexually assaulted him with an unknown object.

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That night, J.M. was transferred to another prison, where a nurse noted bleeding and tenderness in his rectum, medical records show. That gave J.M. more proof than most people behind bars in his situation.

But guards still had near-total control over whether he could file a complaint, or someday sue over what happened to him. J.M. knew they could destroy his paperwork, claim it got lost, or simply deny him the forms he needed. And like he had experienced in other federal prisons, he says, they might punish him for even trying to speak out.

It’s the same dilemma presented to anyone who faces violence in federal prison: Try to file an administrative grievance and risk opening yourself up to retaliation — or stay quiet, endure the abuse, and forgo your chance to someday bring your case to court.

Under federal law, people in prison must go through the facility’s own grievance process before they can attempt to sue. That gives prison staff a “chokehold over access to the courts,” said Colin Prince, a civil rights attorney and former federal defender who is representing J.M. in his lawsuit.

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“The guards functionally have power over whether a prisoner can sue them for their own misconduct,” he said. “The entire system is layer upon layer of bureaucratic insulation against accountability. It simply prevents prisoners from getting access to the courts.”

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One person killed in Maine in second fatal ICE-involved shooting in less than a week | CNN

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One person killed in Maine in second fatal ICE-involved shooting in less than a week | CNN

A person was killed Monday in an ICE-involved shooting in Biddeford, Maine, according to the state’s speaker of the house — just days after a federal agent fatally shot a Mexican immigrant during a traffic stop in Houston, sparking mass protests and demands for transparency and accountability.

“A person was killed. ICE was involved. State Police and the Department of Public Safety are now on scene to gather details and would expect the FBI to investigate as well,” Maine House Speaker Ryan Fecteau said in a statement on Facebook. “These are the details that I have at this time. I will provide further updates, as they are relayed to me.”

CNN has reached out to Immigration and Customs Enforcement and the Department of Homeland Security for comment.

Biddeford police told CNN there was a “police incident” in the area, about 18 miles south of Portland, and said there is no threat to the public at this time, but declined to provide additional details.

Maine Democratic US Rep. Chellie Pingree said she was “disturbed and angry” upon hearing the news of the shooting. She called for an investigation into the incident, adding a question directed at ICE officers: “Why are you in Maine?”

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The incident comes less than a week after a man on his way to work in Houston was shot and killed by an ICE agent. Lorenzo Salgado Araujo was killed during a traffic stop in what ICE initially described as a targeted enforcement operation, though a source later said Salgado Araujo was not the target of the operation.

The shooting has reignited calls for accountability among ICE agents, which reached a fever pitch earlier this year after 37-year-old mother Renee Good and 37-year-old ICU nurse Alex Pretti were killed by federal immigration agents during the Trump administration’s operation in Minneapolis.

The administration dubbed a similar surge in immigration enforcement across Maine in January “Operation Catch of the Day.” The ACLU and other advocates filed a lawsuit against federal immigration agents for “abducting a lawful immigrant” during the surge.

Some community groups and advocates that rallied against the surge earlier this year have already started to organize in response to Monday’s shooting. The group “Maine Resists” has planned an emergency community rally in the city at noon. The racial justice and immigrant rights group Project Relief said it is in touch with the victim’s family.

This is a developing story and will be updated.

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Want to own a real T. rex? It could cost you $30 million

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Want to own a real T. rex? It could cost you  million

“Gus,” a Tyrannosaurus rex skeleton, is pictured during a press preview at Sotheby’s in New York City on July 1.

Timothy A. Clary/AFP via Getty Images


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Timothy A. Clary/AFP via Getty Images

If you ever wanted to own an actual T. rex and not just a toy, you now have a chance. But it’s going to cost you some bones. Millions of them.

The Tyrannosaurus rex fossil known as “Gus” will go up for auction Tuesday morning at Sotheby’s New York City office. The starting bid for the dinosaur is $19 million and the auction house estimates it could sell for $20 to $30 million.

Gus was found in Harding County, S.D., on private land in 2021, according to Sotheby’s. The T. rex skeleton, which is 38 feet long and 12 and half feet tall, is believed to be from the late Cretaceous period from about 67 million years ago.

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“Judging from the overall size and degree of bone development it can be determined that Gus’ skeleton belonged to a very large, robust, adult individual,” the auction house said in the listing.

Thomas Heitkamp, president of Theropoda Expeditions, the company that excavated the site, said in a Sotheby’s video about the discovery that nearly a thousand pieces were collected.

The creature is named after the owner of the ranch where it was discovered, Gary “Gus” Licking. He died during the excavation process, which ran through 2023, and was not able to see Gus fully assembled, according to Cassandra Hatton of Sotheby’s.

“Gary had for years roamed around his 6,500 acre property and seeing T. rex teeth and little bits of fossils and such, and he realized that there was probably something really important under the ground,” Hatton said in the video.

Gus is one of the largest and most complete T. rex specimens ever found, according to Sotheby’s.

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It’s not the first time dinosaur bones have been for sale to the highest bidder.

The first auction for a dinosaur was held by Sotheby’s in 1997. The creature, a T. rex named Sue, was purchased by a few large companies for the Field Museum in Chicago. It went for $8.4 million.

In 2024, Apex the stegosaurus sold for $44.6 million, the most ever for a dinosaur fossil. It was purchased by billionaire investor Ken Griffin, who loaned it to the American Natural History Museum in New York for four years.

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