Overview
- The Justice Department filed an opening brief on Monday asking the Sixth Circuit to reverse a May ruling that dismissed a two‑count human‑smuggling indictment against Kilmar Abrego Garcia.
- U.S. District Judge Waverly Crenshaw dismissed the indictment in May based on a presumption of vindictive prosecution after Abrego Garcia successfully challenged his wrongful March 2025 deportation to El Salvador.
- DOJ tells the appeals court prosecutors developed additional evidence — including phone records, license‑plate reader data and witness statements — and says a grand jury returned the indictment in May 2025 on that basis.
- Abrego Garcia’s lawyers say the prosecution was retaliatory, pointing to the timing after his return and public comments by senior DOJ officials and asserting the case was brought at the direction of political leaders.
- The appeal runs alongside active immigration litigation in Maryland and could shape how courts review prosecutorial motive, affect Abrego Garcia’s legal fate, and set limits on judges overturning charging decisions.