August 17, 2026 · Immigration / Justice Department / Appellate litigation
Justice Department asks Sixth Circuit to revive Kilmar Abrego Garcia human-smuggling case after district judge dismissed it as presumptively vindictive
The Justice Department filed its opening appellate brief asking the Sixth Circuit to reverse a May 2026 order dismissing the federal human-smuggling indictment against Kilmar Abrego Garcia. U.S. District Judge Waverly Crenshaw had found a presumption of prosecutorial vindictiveness that the government failed to rebut. DOJ argues the prosecution was based on evidence and career-prosecutor judgment and that the district court misapplied governing precedent. The appeal remains pending, so the dismissal is the current district-court outcome and the appellate court has not yet reinstated the charges.
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