Kilmar Abrego Garcia’s final order of removal stands as judge denies motion to reopen his case

A motion to reopen the immigration case filed by attorneys for Kilmar Abrego Garcia was denied by an immigration judge Wednesday. 

In the emergency motion to reopen the case, filed back in August, Abrego Garcia’s attorneys argued that because he was deported to El Salvador and then brought back to the U.S., he should now be eligible to apply for asylum within a year of his last entry into the U.S.

But in the order filed on Wednesday, Regional Deputy Chief Immigration Judge Philip Taylor said that Abrego Garcia's motion to reopen his motion to seek asylum is "untimely," according to ABC News, because the motion was filed nearly six years after his immigration proceedings – well beyond the 90-day deadline required. 

The Department of Homeland Security responded, posting on X: 

“With today’s ruling, Kilmar Abrego Garcia’s final order of removal stands. 

“This MS-13 gang member, human trafficker, domestic abuser, and child predator will never be loose on American streets. 

“His lawyers tried to fight his removal from the U.S. but one thing is certain, this Salvadoran man is not going to be able to remain in our country. He will never be allowed to prey on innocent Americans again. 

“Never forget the Democrats flew to a foreign land on the US taxpayer’s dime to break bread with this terrorist gang member and visit him in prison. While they continue to fight for criminal illegal aliens, we will continue to put the safety of the American people FIRST.”