ICE admits an “administrative error” after Maryland’s man sent El Salvador prison

A Maryland man with protected legal status was sent to the notorious prison in El Salvador after an “administrative error”, an immigration official and customs compliance (ICE) of the United States admitted in a affidavit on Monday.

Kilmer Armedado Abrego-García, who has an American citizen and a 5-year-old son, is currently in Cecot, the notorious prison in El Salvador.

The presentation is part of a new lawsuit filed by Abrego-García lawyers requesting that the Government of El Salvador return it to the United States after being sent there “due to an administrative error.”

In response, the government has recognized the error, but said in a presentation that because Abrego-García is no longer in custody of the United States, the court cannot order that they return it to the United States or the Court can order that the Savior return it.

According to Abrego-García’s lawyers, in 2019, a confidential informant “had reported that Abrego García was an active member” of the MS-13 gang. Later he submitted an I-589 asylum application and, although Abrego García was found removable, an immigration judge “granted him the removal of the removal to El Salvador.”

But earlier this month, Abrego-García was arrested by ICE officers who “informed him that his immigration status had changed.” After being arrested for gang affiliations, he was transferred to a detention center in Texas. He was then sent to El Salvador on March 15.

“Abrego-García, native and citizen of El Salvador, was on the third flight and, therefore, had its elimination order to execute El Salvador,” said Robert L. Cerna, interim director of the field office for ICE in an affidavit. “This elimination was a mistake.”

Abrego-García’s lawyers said that “it is not a member or has no affiliation with Aragua Train, MS-13, or any other criminal or street gang” and said that the United States government “has never produced an evidence to support this unfounded accusation.”

In response, the government said Abrego García had the opportunity to present evidence to demonstrate that he was not part of the MS-13. “Abrego García had a complete and fair opportunity to litigate the problem,” said the government. “He had the opportunity to give evidence that he tended to show that he was not part of MS-13, which he did not offer.”

In the presentation, the Civil Division of the Department of Justice of Yakov M. Roth interim for the Department of Justice said that the court lacks jurisdiction to review the elimination of Abrego García and said that the plaintiffs are seeking their release from the saving custody for “financial pressure and diplomacy.”

Roth also added in the presentation that it is not clearly demonstrating that “it is likely that Abrego García himself be tortured or killed in Cecot.”

“While there may be accusations of abuse in other Salvadoran prisons, very few in relation to the large number of detainees, it is not clear that Abrego García himself is tortured or killed in Cecot,” Roth said. “More fundamentally, this court should differ the government’s determination that Abrego García will probably not be tortured or killed in El Salvador.”

In the affidavit, Cerna said that the elimination was “carried out in good faith.”

“This was an oversight, and the elimination was carried out in good faith based on the existence of a final removal order and the supposed Abrego-García membership in MS-13,” said Cerna.