“Instead of hastening to correct its egregious error, the Government dismissed it as an “oversight.” Decl. of R. Cerna in No. 25–cv–951 (D Md., Mar. 31, 2025), ECF Doc. 11–3, p. 3. The Government now requests an order from this Court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law. The only argument the Government offers in support of its request, that United States courts cannot grant relief once a deportee crosses the border, is plainly wrong. See Rumsfeld v. Padilla, 542 U. S. 426, 447, n. 16 (2004); cf. Boumediene v. Bush, 553 U. S. 723, 732 (2008). The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene. See Trump v. J. G. G., 604 U. S. ___, ___ (2025) (SOTOMAYOR, J., dissenting) (slip op., at 8).”
“I agree with the Court’s order that the proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with “due process of law,” including notice and an opportunity to be heard, in any future proceedings.”