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mkhinkle.bsky.social
@mkhinkle.bsky.social
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juliedicaro.bsky.social
NEW: The gov’t is still trying to remove Kilmar Abrego Garcia to Liberia. Now they are claiming that Judge Xinis’s injunction on his removal is moot.

www.courtlistener.com/docket/71191...
Petitioner’s Position: Abrego Garcia opposes the Government’s Motion to Dissolve the Preliminary Injunction for the reasons previously briefed, see ECF No. 88, and for additional reasons in light of developments since that briefing. Abrego Garcia respectfully requests an opportunity to submit supplemental briefing in light of those recent developments. The preliminary injunction remains necessary to protect the relief this Court granted when it issued the writ of habeas corpus on December 11, 2025. See ECF Nos. 110, 111. As this Court is now well aware, immediately upon his release, the Government directed Abrego Garcia to report to Immigration and Customs Enforcement at 8:00 am the following morning, asserting in the documentation it gave him upon release that he had a final order of removal issued October 10, 2019. ECF 112-1. A few hours later, an immigration judge sua sponte issued an order purporting to create an order of removal effective as of October 10, 2019. ECF 112-2. When Abrego Garcia sought emergency relief to prevent his re-detention, the Government made clear in its opposition brief that it intended to re-detain him. See ECF 115 at 1. Then, late in the afternoon on December 17, 2025, the Board of Immigration Appeals (BIA) dismissed Abrego Garcia’s appeal from the immigration judge’s denial of his motion to reopen, reasoning that because the immigration judge’s December 11, 2025 order amended the October 10, 2019 decision, “the Immigration Judge’s October 10, 2019, order is not final” and therefore “the respondent’s motion to reopen is moot.” Ex. 1 (B.I.A. Dec. 17, 2025). The events described above, when taken alongside the Government’s conduct throughout this case, illustrate why the preliminary injunction remains essential. As this Court has already recognized, “even if Abrego Garcia could have been lawfully removed to a third country, Respondents do not appear to have held him to fulfill that purpose. For if they had wished to remove him, they cert… Respondents’ Position: Respondents, in their Motion to Dissolve, argued that this court should dissolve the preliminary injunction to allow the Petitioner to be removed to Liberia. ECF No. 72 at 1-2. The Court’s August 27, 2025, Letter Order provided that the Respondents were enjoined from removing Petitioner from the Continental United States and required the Petitioner must be detained within 200 miles of the courthouse. This Court, in granting Petitioner’s habeas petition, found inter alia that Petitioner could not be removed as there was no final order of removal present in the October 10, 2019, immigration decision. See ECF 110 at 20. Thus, the Court concluded, the Petitioner could not be lawfully held in detention pending removal. Id. at 24-27. The Court’s order demanded the Petitioner be released immediately. ECF No. 111 at 1. Respondents submit that the Court’s August 27 injunction should still be dissolved. In addition to the arguments previously raised, Petitioner is no longer subject to a final order of removal. Because this Court found there was no removal order and ordered the Petitioner to be immediately released, the Court’s injunction is now moot. Petitioner cannot presently be removed. While an order of removal has now been issued (and such issuance is beyond the Court’s jurisdiction), it is not currently final, as Petitioner has 30 days to appeal the immigration judge’s order, 8 C.F.R. § 1003.39. Indeed, the cover letter accompanying the order reminds the Petitioner of the availability of an appeal, which, if he avails himself of that opportunity, the order of removal will continue to be nonfinal. See ECF No. 112-2 at 2. Indeed, Petitioner now points out that the Board of Immigration Appeals has dismissed his appeal from the denial of his motion to reopen specifically because the immigration judge’s order of removal is not final. See infra at 1. That results in new grounds for the dismissal of the injunction, namely: 1) Respondents are no longer in…
December 18, 2025 at 8:22 PM
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indivisibleatl.bsky.social
"Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.” — Dr. Martin Luther King Jr.

On October 4, Atlanta chooses light.

RSVP to find locations. See you Saturday, ATL!

(Art via @laura-gordon.bsky.social)

www.mobilize.us/indivisiblea...
The image shows a softly-lit, hand-painted candle by Atlanta artist Laura Borealis. The words, “Unite in Light Atlanta 10/4 2025” are inscribed on the red candle in yellow. The words liberty, justice, dignity, and freedom appear inside the lit candle’s flame.
October 1, 2025 at 1:39 PM