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 âcomplete reliefâ requested and left the court with âno longer a live controversyâ under Article III.
The motion also argued that expedited discovery ordered by U.S. District Judge Paula Xinis âserves no purposeâ if the case is dismissed. That discovery was intended to determine what steps the administration took to comply with court orders directing officials to âfacilitateâ Abrego Garciaâs return, including orders from Xinis, an appellate panel, and the U.S. Supreme Court.
Abrego Garciaâs 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.