U.S. District Court Judge Waverly Crenshaw on Thursday ordered the U.S. Department of Justice (DOJ) respond to the Tuesday request by Kilmar Abrego Garcia for the court to toss his federal human smuggling case, arguing he is being vindictively prosecuted by the Trump administration. 

While Abrego Garcia's lead attorney, the New York-based Sean Hecker, asked for Crenshaw to toss the case in its entirety, or alternatively to call an evidentiary hearing to hear their argument for why the case should be dropped, Crenshaw stopped short, instead ordering prosecutors to submit a response to Abrego Garcia's 35-page memorandum by September 2, with the defendant's attorneys given the opportunity to respond by September 9.

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