A federal court rejected the Justice Department’s motions to dismiss Kilmar Abrego Garcia’s lawsuit over his mistaken deportation to El Salvador, with U.S. District Judge Paula Xinis calling one motion “meritless.” Abrego Garcia, a Salvadoran national, was deported in March and held in CECOT prison before suing the government. Judge Xinis had previously ordered his return, which occurred in June—just days after prosecutors in Tennessee filed a sealed indictment against him for human trafficking.

Xinis questioned why the government failed to inform her court of the indictment or his return, calling the handling “highly problematic.” She also raised concerns that Abrego Garcia could be deported again without due process and rejected the DOJ’s argument that the case was moot. Xinis proposed safeguards, including stipulations that any future removal would require notice and court review.

DOJ attorney Bridget O’Hickey claimed the U.S. was still negotiating with El Salvador during the legal filings, but Xinis pushed back, questioning the timing and transparency of the government’s actions.