Deportation Hearing for Kilmar Ábrego García Canceled in Maryland

Deportation Hearing for Kilmar Ábrego García Canceled in Maryland

A scheduled hearing in Maryland concerning the potential deportation of Kilmar Ábrego García to Liberia was canceled on October 6, 2026. U.S. District Judge Paula Xinis did not take the bench for the proceeding, which was set to take place in the U.S. District Court for the District of Maryland. The reason for the cancellation was not publicly disclosed, though lawyers for both sides conferred privately for approximately 15 minutes before the scheduled start.

The government is seeking to end existing protections that prevent Immigration and Customs Enforcement (ICE) from detaining or deporting Ábrego García to Liberia. His legal team, however, is requesting a permanent injunction to maintain these protections. Both of these requests remain unresolved. Ábrego García is currently not in ICE custody, as existing orders bar his detention or removal to Liberia.

Government’s Push for Deportation to Liberia

Court filings indicate that the administration believes Liberia is willing to accept Ábrego García and that ICE could arrange a charter flight quickly. This effort to deport him to Liberia comes despite his legal team’s assertion that the government is using its immigration authority to retaliate against him for challenging his removal. His lawyers have argued in court documents that the government’s insistence on removing him to an African country, to which he has no connection and where he fears persecution, is unconstitutional. They contend he should instead be sent to Costa Rica, which he had validly designated as his removal country.

The Department of Justice has asked the judge to reject Ábrego García’s motions, stating that his claims lack legal merit. The government has invested resources and political capital in negotiating with Liberia to accept third-country nationals, and they view his removal there as not prejudicial to the United States. This pursuit of deportation to Liberia continued even after the U.S. reached an agreement with Costa Rica to accept deportees who could not be returned to their home countries. Liberia has confirmed its willingness to accept Ábrego García.

Ábrego García’s Preferred Destination and Past Deportation Error

Ábrego García had designated Costa Rica as his preferred destination for removal, and Costa Rican officials had indicated they would offer him refugee status and potentially residency. His attorneys have questioned why the government did not pursue this option earlier, especially since he designated Costa Rica in August 2025. The administration had previously considered or attempted removal to other countries, including Eswatini, Uganda, and Ghana, but these nations did not agree to accept him.

This dispute over deportation to Liberia follows a significant error where Ábrego García, a Salvadoran national, was mistakenly deported to El Salvador in March 2025. This occurred despite a 2019 immigration judge’s order that barred his removal to El Salvador due to threats against his family from a gang. He was sent to CECOT, El Salvador’s mega-prison. ICE later admitted in court filings that this deportation was an “administrative error.” The administration had alleged he had ties to MS-13, which he denies. After the U.S. Supreme Court upheld an order for his return, he was brought back to the United States in June 2025.

Legal Challenges and Current Status

Following his return to the U.S., Ábrego García faced a criminal case in Tennessee related to human smuggling allegations. A federal judge dismissed the indictment in May 2026, citing that the government’s investigation was tainted by “vindictive motive.” The Department of Justice appealed this dismissal in August 2026. The canceled hearing was the first in Judge Xinis’s court since the Tennessee case dismissal.

Currently, the existing orders preventing his detention or removal to Liberia remain in effect. Ábrego García continues to remain outside ICE custody while the legal proceedings advance. Both his lawyers’ request for permanent protection and the government’s effort to deport him to Liberia are still pending before the court. Further information is expected to be available on the court docket, though no new hearing date has been announced.

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