A federal district court in Maryland will hold a status conference on Monday regarding the case of Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported to El Salvador last March. He was returned to the United States in June to face criminal charges in Tennessee. The government had been barred from deporting Abrego Garcia to El Salvador but is now seeking to deport him to another country, potentially Uganda or Eswatini.

Judge Paula Xinis of the Maryland Federal District Court has issued a ban on the government's removal of Abrego Garcia from the continental United States. Due to the ongoing government shutdown, attorneys for the government have requested a stay on all deadlines related to the case. Assistant Attorney General Brett A. Shumate stated in a court filing, "Absent an appropriation, Department of Justice attorneys and employees of the federal Defendants are prohibited from working, even on a voluntary basis, except in very limited circumstances, including emergencies involving the safety of human life or the protection of property."

Abrego Garcia's legal team is opposing the government's request for a stay and is also advocating for his release from detention. They argue that the government's move to extend all deadlines indefinitely indicates that there is little chance he will be removed in the near future. His lawyers wrote, "Accordingly, there is no justification for continuing Petitioner's detention."

Currently, Abrego Garcia is being held at the Moshannon Valley Processing Center in Phillipsburg, Pennsylvania. He was brought back to the U.S. from El Salvador to face charges of human smuggling in Tennessee. A judge in that case had previously released him into his brother's custody in Maryland. However, U.S. Immigration and Customs Enforcement (ICE) officials later indicated that he could be deported to Uganda and required him to report to the ICE field office in Baltimore. Upon his arrival, he was taken into immigration custody.

In the Tennessee case, Abrego Garcia's attorneys have filed a motion to dismiss, claiming that the prosecution is acting vindictively. A judge recently found that the "totality of events" suggests a "realistic likelihood" of vindictive action by the government, which entitles Abrego Garcia to discovery and a hearing before the court decides on the motion.

A status conference is scheduled for Friday, October 10, in Nashville. Additionally, an immigration judge ruled last week against Abrego Garcia's request to reopen his original immigration case. His lawyers contended that his deportation and subsequent return to the U.S. reset the timeline for making an asylum claim, but the judge disagreed, effectively closing that avenue to prevent deportation.