On Monday, the Justice Department filed an eight-page motion in federal court in Maryland seeking dismissal of the lawsuit filed on behalf of Kilmar Abrego Garcia. The government argued the case is moot because Abrego Garcia has been returned to the United States, which it said provided the “complete relief” requested and left the court with “no longer a live controversy” under Article III.
The motion also argued that expedited discovery ordered by U.S. District Judge Paula Xinis “serves no purpose” if the case is dismissed. That discovery was intended to determine what steps the administration took to comply with court orders directing officials to “facilitate” Abrego Garcia’s return, including orders from Xinis, an appellate panel, and the U.S. Supreme Court.
Abrego Garcia’s attorneys have indicated they want the case to proceed and have sought sanctions or the appointment of a special master based on alleged delays, obstruction, and defiance of court and discovery orders since his March 2025 deportation. The government denied those allegations, calling them baseless.