A man who was wrongly deported to El Salvador by the Trump administration has been threatened with removal again, according to a court filing by his lawyers.
Kilmar Abrego Garcia, 29 and originally from El Salvador, has been charged in an indictment filed in federal court in Tennessee with conspiring to transport illegal immigrants into the US.
He was released from federal detention on Friday after being held since March, when he was arrested and then deported back to his home country by Immigration and Customs Enforcement (ICE) officials.
In a new filing to the Tennessee court on Saturday, Mr Garcia’s defence lawyers said that immigration officials threatened the 29-year-old with deportation to Uganda earlier in the week.
Image: Kilmar Abrego Garcia was released from federal detention after around six months on Friday. Pic: AP
According to the filing, while he was held in Putnam County Jail on Thursday, Mr Garcia declined an offer to be deported to Costa Rica in exchange for pleading guilty to human smuggling charges and remaining in prison.
After he left jail on Friday, ICE notified his attorneys that he would be deported to Uganda and should report to immigration authorities on Monday.
That same day, the Trump administration “informed Mr Abrego that he has until first thing Monday morning – precisely when he must report to ICE’s Baltimore Field Office – to accept a plea in exchange for deportation to Costa Rica, or else that offer will be off the table forever”.
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Filed along with the brief was a letter from the Costa Rican government stating that Mr Garcia would be welcomed to that country as a legal immigrant and wouldn’t face the possibility of detention.
Image: Pic: AP
Justice Department spokesperson Chad Gilmartin responded in a statement and said: “A federal grand jury has charged Abrego Garcia with serious federal crimes… underscoring the clear danger this defendant presents to the community.
“This defendant can plead guilty and accept responsibility or stand trial before a jury. Either way, we will hold Abrego Garcia accountable and protect the American people.”
Simon Sandoval-Moshenberg, one of Mr Garcia’s attorneys, said he would “fight tooth and nail against any form of deportation to Uganda” or nearby countries in Africa.
“It is preposterous that they would send him to Africa, to a country where he doesn’t even speak the language, a country with documented human rights violations, when there are so many other options,” he said. “This family has suffered enough.”
However, Mr Sandoval-Moshenberg appeared to suggest that deportation to Costa Rica might be favourable for his client, saying: “That’s a pretty reasonable option, right? I mean, Costa Rica makes sense.
“It’s a Spanish-speaking country. It’s proximate to the United States. His family can visit him there easily.”
Mr Garcia, who lived in Maryland with his American wife and son, was deported to El Salvador under a controversial 18th-century law. He was then imprisoned in its notorious maximum security Terrorism Confinement Center (CECOT).
This was despite an immigration judge’s 2019 order granting him protection from deportation after finding he was likely to be persecuted by local gangs if he was returned to his native country.
The Trump administration admitted that deporting Mr Garcia was an “administrative error”, but said at the time they could not bring him back as they do not have jurisdiction over El Salvador.
The criminal indictment alleges Mr Garcia worked with at least five co-conspirators to bring immigrants to the US illegally and transport them from the border to other destinations in the country.
Homeland Security secretary Kristi Noem, US President Donald Trump, vice president JD Vance and other officials claim Mr Garcia was a member of MS-13 – an international criminal gang formed by immigrants who had fled El Salvador‘s civil war to protect Salvadoran immigrants from rival gangs.
The family of Virginia Giuffre, who was one of Jeffrey Epstein’s most prominent sex trafficking accusers, have said they are “outraged” over the US Department of Justice’s release of an interview with Ghislaine Maxwell.
Maxwell – a convicted sex trafficker and ex-girlfriend of the deceased paedophile financier Epstein– refuted several claims of child sex trafficking and abuse during the two-day-long interview with Deputy Attorney General Todd Blanche in July.
Reacting after the transcripts of the interview were released on Friday, Ms Giuffre’s family said it gave Maxwellthe “platform to rewrite history” and showed she was “never challenged about her court-proven lies”.
“As the family of one of the most prominent survivors, Virginia Roberts Giuffre, we are outraged,” they said in a statement.
“The content of these transcripts is in direct contradiction with felon Ghislaine Maxwell’s conviction for child sex trafficking.”
Image: Virginia Giuffre was one of Jeffrey Epstein’s most prominent accusers. File pic: AP
Ms Giuffre’s family added: “This travesty of justice entirely invalidates the experiences of the many brave survivors who put their safety, security, and lives on the line to ensure her conviction, including our sister.”
Referencing Maxwell’s move to a minimum-security facility in Texas earlier this month, they said it “sends a disturbing message that child sex trafficking is acceptable and will be rewarded”.
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“We continue to call upon the DOJ (Department of Justice) to do its job by investigating and holding accountable the many rich and powerful people who enabled Ghislaine Maxwell’s and Jeffrey Epstein’s crimes,” they concluded.
Ms Giuffre, who died by suicide in April, had previously claimed that Maxwell introduced her to Epstein and hired her as his masseuse, before she was sex trafficked and sexually abused by him and associates around the world.
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Virginia Giuffre dies by suicide
She sued Prince Andrew for sexual abuse in August 2021 – saying he had sex with her when she was 17 and had been trafficked by Epstein.
The duke has repeatedly denied the claims, and he has not been charged with any criminal offences.
In March 2022, it was announced Ms Giuffre and Andrew had reached an out-of-court settlement – believed to include a “substantial donation to Ms Giuffre’s charity in support of victims’ rights”.
During her interview with Mr Blanche last month, Maxwell said Ms Giuffre’s allegation against the duke “doesn’t hold water”, and denied ever introducing Epstein to him or Sarah Ferguson.
Image: Prince Andrew and Virginia Roberts in 2001. Pic: Shutterstock
She insisted Epstein and Andrew met separately, and said “I think Sarah [Ferguson] is the one that pushed that”, before saying that allegations Andrew had sex with Ms Giuffre were untrue, as she was at her mother’s 80th birthday celebrations in the countryside outside the city.
Maxwell then claimed Ms Giuffre’s allegation that she and Andrew had sexual contact in the bathroom of her London flat was not true, as the room was not big enough.
She also claimed that an image of her standing alongside Andrew with his arm around Ms Giuffre’s waist was “literally a fake photo”.
During the interview with Mr Blanche, Maxwell denied ever seeing US President Donald Trump in an “inappropriate setting” and insisted she was not aware of any Epstein ‘client list’.
Under growing pressure to release files related to Epstein, as he promised to do during his 2024 presidential campaign, Mr Trump has made a series of denials and claims about the paedophile financier.
In July, the president told reporters on Air Force One that Epstein “stole” Ms Giuffre and other young women from his Mar-a-Lago resort in Florida.
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Trump claims Epstein ‘stole’ Virginia Giuffre
Mr Trump has also floated a pardon for Maxwell, saying earlier this month that “nobody” had asked to but insisted that he has “the right to do it”.
“I’m allowed to do it, but nobody’s asked me to do it. I know nothing about it,” he added. “I don’t know anything about the case, but I know I have the right to do it.
“I have the right to give pardons, I’ve given pardons to people before, but nobody’s even asked me to do it.”
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Maxwell was sentenced in the US in June 2022 to 20 years in prison following her conviction on five counts of sex trafficking for luring young girls to massage rooms for Epstein to abuse. She has asked the US Supreme Court to overturn her conviction.
Epstein, 66, was found dead in his cell at a Manhattan federal jail in August 2019 as he awaited trial on sex trafficking charges. His death was ruled a suicide.
His case has generated endless attention and conspiracy theories due to his and Maxwell’s links to famous people like royals, presidents and billionaires, including Mr Trump.
No one other than Epstein and Maxwell has been charged with any criminal offences.
The five people who died after a tour bus returning to New York City from Niagara Falls crashed have been named.
The bus, with 54 passengers on board, crashed and rolled on Interstate 90 near Pembroke, about 30 miles (48km) east of Buffalo, New York, at around 12.30pm (5.30pm UK time) on Friday.
In an update on Saturday, New York State Police said that those who died were identified as: • Shankar Kumar Jha, 65, of Madhu Bani, India; • Pinki Changrani, 60, of East Brunswick, New Jersey; • Zhang Xiaolan, 55 of Jersey City, New Jersey; • Jian Mingli, 56, of Jersey City; • Xie Hongzhuo, a 22-year-old student at Columbia University, from Beijing, China.
After the student was named, Columbia University said in a statement that the faculty was “devastated”.
“This heartbreaking loss is felt deeply across our community,” it added. “We are in close contact with her family and offering them our full support.
“Our thoughts and deepest sympathies are with her family, friends, and all who have been touched by this tragedy.”
Image: Pic: AP
Erie County Medical Center, where 21 passengers were hospitalised for injuries, said that as of Saturday afternoon, 14 patients are in stable condition but remain at the hospital.
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Authorities are still investigating the cause of the crash, which did not involve any other vehicles. The driver had not been charged in connection with the incident as of Friday.
State police major Andre Ray said in a news conference that the driver had become distracted, lost control and overcorrected before the bus went into the right shoulder and flipped over.
“An absolute tragedy took place,” he added. “And first and foremost, our thoughts, prayers and hearts go out to those involved, their friends and their families.”
Mr Ray added that a preliminary investigation had ruled out mechanical failure or driver impairment, and that the driver survived the crash and was cooperating with police.
The Menendez brothers, who were sentenced to life for killing their parents in their Beverly Hills mansion in 1989, have both been denied parole.
Lyle Menendez, 56, and his 53-year-old brother Erik have spent 35 years behind bars for the shotgun murders of their father and mother, Jose and Kitty Menendez.
The brothers have claimed that their parents abused them and have argued that the killings were an act of self-defence.
A Netflix drama series about the brothers called Monsters, which aired in September 2024, thrust them back into the spotlight and led to renewed calls for their release, including from their family.
A long-delayed resentencing hearing offered them a path to freedom for the first time since their incarceration.
However, their release from prison is still a long way off – and far from guaranteed.
Parole denied but still possible
Lyle Menendez was denied parole on 22 August after making his first appeal for release. A judge recently reduced both his and his brother’s sentences, making them eligible for parole.
A panel of two commissioners recommended that Lyle not be released for three years, after which he will be eligible to apply for parole again.
The panel concluded there were still signs that Menendez would pose a risk to the public if released from custody, despite noting that a psychologist found that he is at “very low” risk for violence upon release.
Image: Lyle Menendez appears before the parole board at the Richard J. Donovan Correctional Facility in San Diego. Pic: AP
During the hearing, Menendez cried and took sole responsibility for the murders, saying in his closing remarks: “I will never be able to make up for the harm and grief I caused everyone in my family.”
While speaking to the panel on Friday, Menendez said his father physically abused him by choking, punching and hurting him using a belt.
“I was the special son in my family,” he said. “My brother was the castaway. The physical abuse was focused on me because I was more important to him, I felt.”
He also said his mother sexually abused him, but appeared uncomfortable discussing this when asked by the panel why he did not disclose it during a risk assessment earlier this year.
When asked whether the murders were planned, Menendez said: “There was zero planning. There was no way to know it was going to happen Sunday.”
He also described buying the guns used in the murder as “the biggest mistake”, and told the panel: “I no longer believe that they were going to kill us in that moment. At the time, I had that honest belief.”
What does the resentencing mean?
Before leaving his role in December, former Los Angeles district attorney (DA) George Gascon asked LA County Superior Court Judge Michael Jesic to review the brothers’ convictions.
During the resentencing on 13 May, he gave them a revised sentence of 50 years to life, making them immediately eligible for youth parole under California’s youthful offender law because they committed the crime while under the age of 26.
The judgment was based on whether the pair had been rehabilitated based on their behaviour in prison.
Image: Joseph Lyle Menéndez and Erik Galen Menéndez. Pics: Richard J. Donovan Correctional Facility
The brothers’ case highlighted some of their achievements behind bars: attaining several degrees and contributing to the community.
It listed a prison “beautification programme” Lyle Menendez started called GreenSpace as one example, and added that both brothers had received low-risk assessment scores, with Lyle apparently not being involved in a single fight during his time in jail.
The brothers’ attorneys pushed for the judge to resentence the brothers to manslaughter, which would have allowed them to be immediately released, but he gave them a revised murder sentence instead.
Handing them the new sentence, Judge Jesic said: “I do believe they’ve done enough in the past 35 years, that they should get that chance.”
The resentencing hearing had faced lengthy delays due to the judge needing to review a large number of files, as well as the LA wildfires in January.
There was also a turnover in the DA’s office, with liberal leaning Gascon replaced by the more conservative Nathan Hochman, who repeatedly attempted to have the resentencing hearing thrown out.
Emotional testimony in court from brothers and family members
The brothers appeared at the proceedings in Los Angeles County Superior Court via video feed from prison in San Diego.
“I killed my mum and dad. I make no excuses and also no justification,” Lyle said in a statement to the court. “The impact of my violent actions on my family… is unfathomable.”
Erik also spoke about taking responsibility for his actions and apologising to his family.
He said: “You did not deserve what I did to you, but you inspire me to do better.”
The brothers chuckled when one of their cousins, Diane Hernandez, told the court that Erik received A+ grades in all of his classes during his most recent semester in college.
Anamaria Baralt, another cousin of the brothers, told the court they had repeatedly expressed remorse for their actions.
“We all, on both sides of the family, believe that 35 years is enough. They are universally forgiven by our family,” she said.
Image: Attorney Mark Geragos hugs Anamaria Baralt, cousin of Erik and Lyle Menendez, after the brothers’ resentencing hearing. Pic: AP
The defence also called a former judge and a former fellow inmate to the witness stand to testify that the brothers were not only rehabilitated, but also helped others. Prosecutors cross-examined the witnesses but didn’t call any of their own.
Former judge Jonathan Colby, who said he considered himself tough on crime, told the court that spending time with the brothers and witnessing their growth made him believe in rehabilitation.
Anerae Brown, who previously served time in prison alongside the brothers, cried as he testified about how they helped him heal and eventually be released through parole.
“I have children now,” he said. “Without Lyle and Erik I might still be sitting in there doing stupid things.”
The judge said he was particularly moved by a letter from a prison official who supported resentencing, something the official had never done for any incarcerated person in his 25-year career.
Los Angeles County prosecutors argued against the resentencing, saying the brothers have not taken complete responsibility for the crime.
The current DA Mr Hochman said he believed the brothers were not ready for resentencing because “they have not come clean” about their crimes.
Image: Los Angeles County District Attorney Nathan Hochman. Pic: AP
His office has also said it does not believe they were sexually abused.
“Our position is not ‘no’. It’s not ‘never’. It’s ‘not yet’,” Mr Hochman said. “They have not fully accepted responsibility for all their criminal conduct.”
What happens now?
The reduced sentencing made the brothers immediately eligible for parole, but they must still appear before a state parole board, which decides on whether or not to release them from prison.
While this decision is made, the brothers will remain behind bars.
Their first hearing had to take place no later than six months from their eligibility date, according to board policy.
Image: Erik Menendez, left, and his brother, Lyle, sit in the courtroom in 1992. Pic: AP
After their first appeal was denied, the brothers will continue to receive subsequent hearings until they are granted release.
But the brothers have another potential avenue to freedom, having appealed to California governor Gavin Newsom for clemency before they were resentenced.
Mr Newsom has the power to free them himself through clemency, and in February, he ordered the state parole board to investigate whether the brothers would pose a risk to the public.
They already have a hearing before the board scheduled for 13 June, but that one was set as part of the clemency petition.
It’s not yet clear if that hearing will serve as their formal parole hearing or if a separate one will be scheduled.
Mr Newsom can override any decision the board makes.
Image: California governor Gavin Newsom. Pic: AP
Anne Bremner, a trial lawyer in Seattle, said the brothers will be preparing for the parole board and aiming to impress upon them that they should be let out, but suggested the board members will already have a clear view.
“My guess is the parole board has been watching this and of course they’ve done these risk assessments already,” she said, adding they will know “who these two are, what their alleged crimes were and what they’ve done since the time that they were incarcerated until today.”
Potential new evidence
The brothers’ lawyers have also submitted a letter Erik wrote to his cousin as new evidence, saying it was not seen by the jury when the brothers were sentenced in 1996 and could have influenced their decision.
The letter is dated months before the murders, which they say alludes to him being abused by his father, Jose Menendez.
In the handwritten letter, Erik wrote: “I’ve been trying to avoid dad… every night, I stay up thinking he might come in.”
He also said he was “afraid” and that he needed to “put it out of my mind” and “stop thinking about it”.
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More new evidence submitted comes from Roy Rossello, a former member of the band Menudo, who alleges he was sexually assaulted by Jose Menendez as a teenager in the 1980s.
He has provided a signed declaration of his alleged rape by Jose Menendez to the brothers’ lawyers, which the lawyers say is further proof of his supposed abusive nature.
LA prosecutors filed a motion opposing the petition, but its status is unclear, and appears to have been halted while the brothers have pursued their resentencing and clemency.
What happened in the original Menendez trials?
Image: Lyle and Erik Menendez before entering their pleas in 1990
On 20 August 1989, Lyle and Erik Menendez shot their parents, Jose and Mary Louise “Kitty” Menendez, multiple times at close range.
The brothers, who were 21 and 18 at the time, initially told police they found them dead when they got home, but were eventually tried for their murder.
During the original trial, prosecutors accused the brothers of killing their parents for a multimillion-dollar inheritance, although their defence team argued they acted out of self-defence after years of sexual abuse by their father.
An initial attempt to try each brother individually in front of separate juries ended in a mistrial after both juries failed to reach a verdict.
In their second trial, which saw the brothers tried together, the defence claimed the brothers committed the murders in self-defence after many years of alleged physical, emotional and sexual abuse at the hands of their father, with no protection from their mother.
Image: Lyle Menendez confers with brother Erik during trial in 1991. Pic: AP
They said they had feared for their lives after threatening to expose their father.
The prosecution argued the murders were motivated by greed, and they killed their parents to avoid disinheritance.
Evidence of alleged abuse from their defence case was largely excluded from the joint trial by the judge.
In 1996, seven years after the killings, a jury found the brothers guilty, and they were convicted of first-degree murder and conspiracy to murder.
They were sentenced to life imprisonment without the possibility of parole.
But the brothers and many of their family members have continued to fight for their freedom ever since.
Although their focus of late has shifted towards the brothers’ rehabilitation in prison, their main argument in recent years has been that more evidence of Jose Menendez’s alleged abuse has come out since the last trial, and that a modern jury would have a better understanding of the impact of abuse than one 30 years ago.