Tag

#withholding of removal

A form of protection preventing deportation to a country where the individual's life or freedom would be threatened. A higher standard than asylum but mandatory when met. Incidents involve denial of withholding claims in violation of legal standards.

Grade 4 of 5: Critical Rights and Rule-of-Law Concern

Kilmar Abrego Garcia Deported to El Salvador Despite Withholding Order

Federal officials removed Kilmar Abrego Garcia to El Salvador despite a preexisting withholding order barring that destination, then spent weeks litigating what it meant to 'facilitate' his return after the Supreme Court intervened. Returned in June 2025 to face criminal charges, he was released from ICE custody in December 2025, and the criminal case was dismissed in May 2026 as vindictive prosecution; the Justice Department has appealed.