Here's a summary of the order in Abrego Garcia v. Noem, from the Fourth Circuit Court of Appeals, April 17, 2025. Access the audio summary by clicking here.
In this case, the United States Court of Appeals for the Fourth Circuit denied the government's motion for an emergency stay pending appeal and a writ of mandamus. The court's decision emphasizes the importance of due process and the rule of law, even when dealing with individuals the government considers dangerous.
The central issue revolves around Abrego Garcia, who the government claims is a terrorist and member of MS-13. He was mistakenly deported to El Salvador, despite a withholding of removal order. The court is not happy about this! The court argues that the government can't just stash away residents in foreign prisons without due process.
While the court acknowledges the deference owed to the Executive Branch in foreign affairs, referencing the Supreme Court's guidance, it also stresses that the government must actively "facilitate" Abrego Garcia's release from custody in El Salvador and ensure his case is handled properly. The court finds the government's argument that it only needs to remove domestic barriers to Abrego Garcia's return insufficient.
The court expresses concern over the Executive Branch's disregard for court orders and the potential erosion of the rule of law. It draws a parallel to President Eisenhower's commitment to enforcing court decisions, even when disagreeing with them personally. The court hopes the Executive Branch will respect the rule of law and rectify the situation.
In short, the court denied the government's request, firmly stating that the Executive Branch must respect court orders and ensure due process, even when dealing with difficult cases.