Washington — The U.S. Department of Justice has taken disciplinary action against attorney Erez Reuveni, placing him on administrative leave following a court admission that the Department had erred administratively in the deportation of Kilmar Armando Abrego Garcia, an immigrant from El Salvador.
Garcia, having initially entered the United States illegally, was fleeing death threats from the notorious El Salvadorian gang, Barrio 18, which had terrorized his family. Despite moving locations several times, the family remained under threat. In March 2019, when facing deportation, Garcia sought asylum and the protection of the Convention Against Torture.
The Board of Immigration Appeals granted Garcia a “withholding of removal” status in October 2019, acknowledging his risk of persecution from Barrio 18 should he return to El Salvador. This decision, which went uncontested by the Department of Homeland Security, became final the following month.
Despite this, Garcia was detained by ICE officers in November 2019 while returning home from work, taken into custody without a warrant, and deported under unclear circumstances to the Terrorism Confinement Center (CECOT), known for its harsh conditions and presence of rival gang inmates, including members of Barrio 18.
Following Reuveni’s suspension, Federal Judge Paula Xinis ordered Garcia’s immediate return to the U.S. and criticized the Department of Justice for violating his right to due process as specified in the Fifth Amendment. Judge Xinis expressed concerns over Garcia’s safety and the conditions at CECOT, which she described as a facility using its harsh environment as a form of punishment and deterrence.
Judge Xinis’s remarks followed a hearing where she questioned the practicality of Garcia’s return, given the administration’s lack of cooperation. Reuveni acknowledged the complex issues involved but cited unsatisfactory responses from his clients at the DOJ regarding Garcia’s deportation process.
Adding to the judicial pushback, Judge Xinis issued a detailed follow-up to her preliminary injunction demanding Garcia’s return. The Justice Department’s appeal to the U.S. Court of Appeals for the Fourth Circuit to stay Xinis’s order was unsuccessful, as was their request to pause her order while the appeal was considered.
The controversy has also impacted Reuveni’s supervisor, August Flentje, who has been placed alongside Reuveni on administrative leave. The incident occurs soon after Reuveni’s recent promotion to Deputy Director at the Office of Immigration Litigation in October 2019.
This unfolding legal drama not only underscores the complexities and challenges of immigration law and deportation procedures but also highlights the critical importance of procedural safeguards and adherence to legal principles in the treatment of immigrants and asylum-seekers.
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