Judge Sets New Schedule for Depositions Regarding Kilmar Abrego Garcia

Federal District Court Judge Paula Xinis set a new two week schedule for federal lawyers to convey information about what they have done toward freeing Kilmar Abrego Garcia.

Xinis is investigating whether to hold the government in contempt of court for its failure to comply with her orders and an order by the Supreme Court to “facilitate” retrieval of Abrego Garcia from El Salvador and provide him with the due process he would have received if he had not been wrongfully renditioned.

The new schedule follows a pause requested by federal lawyers ex parte, which means under seal so the content of their request stays confidential with the court. Federal lawyers filed another such request under seal. Xinis is not granting more extensions.

Her new order requires “expedited discovery” to finish by 12 May 2025. By 5 May, federal lawyers must reveal  any claims of “state secrets” or other types of privilege they will invoke in their exchange of information. This time such claims must be complete. In previous efforts to invoke such claims, they refused to provide any information about why the claims might be justified, which Xinis said reflected a “willful and bad faith refusal to comply with discovery obligations.”

By the end of next week four specific federal officials are to be deposed, and Abrego Garcia’s lawyers are allowed to request depositions of two more.

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