The Lawfare Podcast

Lawfare Daily, Bonus Edition: Unpacking the July 7 Hearing for Kilmar Abrego Garcia

Jul 10, 2025
Legal experts dissect the complexities surrounding Kilmar Abrego Garcia's recent hearing, with key discussions on jurisdiction and mootness. The challenges of U.S. custody laws intertwine with current immigration issues, especially concerning Venezuelans abroad. Tensions rise as a judge questions the government's approach to handling allegations of torture. This engaging dialogue emphasizes the critical need for clarity in legal proceedings and the evolving landscape of due process.
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INSIGHT

Diverging Views on Case Status

  • Government argues Abrego's case should be dismissed as moot given his return to the US.
  • Plaintiffs seek emergency relief to prevent immediate deportation upon criminal release.
INSIGHT

Court Denies Dismissal Amid DOJ Uncertainty

  • Judge Sineis denied DOJ's early motion to dismiss on jurisdictional and custody grounds.
  • New DOJ lawyer lacked case familiarity, causing awkward courtroom exchanges.
INSIGHT

Mootness Denied Over Risk

  • Judge Sineis denied mootness because Abrego's risk of reoffending remains an open concern.
  • Returning him to the status quo ante is unresolved, especially regarding his location and conditions of supervision.
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