The opinion issued by US District Judge Paula Xinis on Sunday reaffirms her earlier ruling that demands Kilmar Abrego Garcia be returned to the US by Monday night.
The judge says Mr Garcia was seized “without any lawful authority” and held “without legal basis”, in “direct contravention” of US law. She calls his situation a “grievous error” that “shocks the conscience”.
Mr Garcia was among 238 Venezuelans and 23 Salvadorans the Trump administration deported to El Salvador’s notorious mega-prison, the Center for the Confinement of Terrorism (Cecot). Officials alleged they were gang members and thus subject to deportation.
Mr Garcia was found to have been wrongly removed in part because a US immigration judge had granted him legal protection from deportation in 2019. His lawyer has denied any gang ties and said Mr Garcia has never been charged with a crime.
Mr Garcia’s family, including his wife Jennifer Vasquez Sura, a US citizen, have been calling for his release since his deportation in mid-March.