The Department of Justice said it plans to appeal a May decision that charges against Kilmar Abrego Garcia must be dropped. File Photo by Jim Ruymen/UPI | License Photo
The Justice Department plans to appeal a recent ruling that dropped charges against Kilmar Abrego Garcia for alleged human trafficking in Tennessee.
Robert McGuire, federal prosecutor in Tennessee, filed a notice on Monday that he intends to appeal the dismissal.
In May, U.S. District Court Judge Waverly Crenshaw dismissed the case against Abrego Garcia calling it vindictive prosecution.
“The Court does not reach its conclusion lightly,” Crenshaw wrote in his ruling. “The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution.”
Abrego Garcia was mistakenly deported to the CECOT detention facility in El Salvador in 2025, despite a 2019 order from a judge barring his deportation to his native country. After months of pressure, the administration returned him to the United States then charged him with human trafficking stemming from a traffic stop in Tennessee in 2022. The traffic stop did not result in charges against Abrego Garcia.
In May, Crenshaw ruled that the prosecution was only happening because he challenged his deportation.
“The evidence before this Court sadly reflects an abuse of prosecuting power,” Crenshaw wrote.
Abrego Garcia is fighting his deportation case in Maryland. A judge there has blocked the government from re-arresting him.
