(WASHINGTON) — An immigration judge on Wednesday denied a motion filed by Kilmar Abrego Garcia’s attorneys to reopen his immigration case, according to a copy of the decision obtained by ABC News.

In the emergency motion filed in August to reopen the case, attorneys for the wrongly deported Abrego Garcia argued that because he was deported to El Salvador and then brought back to the United States, he is now eligible to apply for asylum within one year of his last entry into the U.S.

But in the order filed on Wednesday, Regional Deputy Chief Immigration Judge Philip Taylor said that Abrego Garcia’s motion to reopen his motion to seek asylum is “untimely” because he filed the motion nearly six years after his immigration proceedings — beyond the 90-day deadline required.

Judge

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