A federal immigration judge has rejected the appeal of Kilmar Abrego Garcia, an MS-13 gang member, to reopen his asylum case. The decision, issued on Wednesday, October 2, 2025, in the United States, leaves Abrego Garcia without asylum status and facing potential deportation.
Abrego Garcia, who had been residing illegally in Maryland, was deported to El Salvador earlier this year and detained in the country’s CECOT super-prison. Despite being returned to the U.S. under orders from Democrat-aligned judges, he now faces child sex-trafficking charges in Tennessee. His attempt to block deportation to a third country by claiming fear of persecution in Uganda was dismissed by the court.
Judge Philip Taylor emphasized the lack of evidence that the Department of Homeland Security intended to deport Abrego Garcia to Uganda or Eswatini. “The word ‘may’ is permissive and indicates to the Court that in sending this notification to Respondent’s counsel, the Department sought to convey that it reserved the right to remove him to Uganda,” Taylor wrote. He also noted the motion to reopen the asylum case was untimely, filed nearly six years after initial proceedings.
The ruling means Abrego Garcia remains at risk of deportation to a third country, with no guaranteed path to legal status in the U.S.