At a recent court hearing in Greenbelt, Maryland, District Court Judge Xinis expressed her exasperation. She targeted her criticism of DOJ generally over the active case of Abrego Garcia. Logistically, Judge Xinis noted that defendants have been slow to follow her own prior orders. This disaster-in-the-making led her to deliver a rare written directive demanding daily updates on the federal government’s efforts to return Garcia from El Salvador.
During the hearing, Judge Xinis emphasized that the DOJ’s inability to provide clear answers about Garcia’s current whereabouts was unacceptable. In fact, a DOJ lawyer admitted that he had no idea of Garcia’s whereabouts. This new disclosure led Xinis to ask for clarification on the prior use of the term “impracticable” in her guidance.
Xinis stated, “There are no business hours on this court, there is no 9 to 5.” Her ambition to see her orders fully followed and adhered to has compelled her to go a step further on the existing directive.
In Judge Xinis’ most recent order. She made sure the DOJ was sending daily updates of their actions to bring Garcia home. She impressed upon them that the government needs to do everything in its power to speed up this process. Most importantly, as the judge emphasized in her opinion, the defendants did not even try to meet their obligations. Instead, they described her orders as “arbitrary and capricious.”
The Supreme Court has already ruled in favor of Judge Xinis’ jurisdiction over such cases. This ruling backed her order to “facilitate and effectuate the return” of Abrego Garcia. This judicial support strengthens her current calls for transparency and accountability from the DOJ.
Xinis set the next hearing in the case for next Wednesday, making clear her intent to ensure that the situation is remedied without delay. She noted that the key to successful implementation is communication from the DOJ. She wanted frequent communication on the steps being taken, or able to be taken, to secure Garcia’s return.
“For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.” – Supreme Court
The judge’s insistence on daily updates demonstrates a larger frustration with interagency processes that can delay nimble action at a crucial moment. Ensign remarked on the complexities involved, noting, “There is a lot of interagency process that attends to these things.”
Simon Sandoval-Moshenberg, a representative involved in the case, criticized the DOJ’s approach: “For the second time in this case, they sent a lawyer into court who has not had answers.” This sense of urgency resonates with Judge Xinis’ plea for the government to do more to facilitate Garcia’s return.
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