DOJ to appeal judge's order dismissing Kilmar Abrego Garcia's human smuggling case
The Department of Justice is appealing a federal judge's ruling that dismissed the criminal human smuggling case against Kilmar Abrego Garcia.
Robert McGuire, the federal prosecutor in Tennessee, filed a notice on Monday to U.S. District Judge Waverly Crenshaw that the government is appealing the decision to the U.S. Court of Appeals for the 6th Circuit.
Last month, Judge Crenshaw granted Abrego Garcia's motion to dismiss the case, finding that the federal government failed to rebut Abrego Garcia's "presumption of vindictiveness."
Abrego Garcia, who had been living in Maryland with his wife and children, was deported in March of last year to El Salvador's CECOT mega-prison -- despite a 2019 court order barring his deportation to that country due to fear of persecution -- after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.
He was brought back to the U.S. last June to face human smuggling charges in Tennessee, after which U.S. District Judge Paula Xinis in Maryland released him from ICE detention while he awaited trial.
In his decision last month, Judge Crenshaw wrote that the timing of a DHS agent's decision to reopen a closed investigation into a November 2022 traffic stop, combined with "now unrebutted public statements tying the reopened investigation to Abrego's successful lawsuit, taints the investigation with a vindictive motive."
"Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed," Crenshaw said.
The criminal charges in Tennessee stem from a 2022 traffic stop that was disclosed in an April 2025 press release issued by the Department of Homeland Security. The DHS stated it had a "bombshell investigative report" regarding the stop, alleging that Abrego Garcia was a suspected human trafficker. The release also included a screengrab of body camera video from the encounter.
Abrego Garcia was not charged or arrested during the traffic stop, which lasted for more than an hour. Body camera footage showed Tennessee troopers -- after questioning Abrego Garcia -- discussing among themselves their suspicions of human smuggling because nine people were traveling in the vehicle without luggage.
Abrego Garcia pleaded not guilty to the human smuggling charges prior to them being dismissed.
Last month, Judge Crenshaw concluded that while there was insufficient evidence to prove actual vindictiveness, the government could not justify its sudden shift from wanting to deport Abrego Garcia to prosecuting him.
"The evidence it labels as newly discovered was available to be obtained with due diligence long before April 2025," the judge wrote. "Even more, it does not explain the Government's change in position to remove Abrego and not prosecute him to then prosecute and not remove him."
Abrego Garcia is still fighting his deportation case in Maryland, where Judge Xinis has blocked the government from re-detaining him.
