The Department of Justice asked a federal appeals court to revive migrant-smuggling charges against Kilmar Abrego Garcia. This move comes after a judge dismissed the case in May. The agency filed the appeal Monday with the U.S. Court of Appeals for the Sixth Circuit. They want the court to reverse the lower court’s ruling. The goal is to get the indictment back on the docket. An appeal is necessary to ensure federal law is followed appropriately, the DOJ said.
The case centers on a traffic stop in Tennessee back in November 2022. Police stopped a vehicle driven by Garcia. Authorities notified the Department of Homeland Security regarding his report after evidence surfaced showing his participation in human smuggling. The agency noted his stated route of travel made no sense. The car was full of passengers who had no luggage despite a long trip. Per The Federalist, the DOJ says this evidence supports the original charges.
U.S. District Judge Waverly Crenshaw dismissed the indictment earlier this year. He was nominated by President Barack Obama. The judge claimed the prosecution was driven by presumptive vindictiveness. He argued the government brought the charges in retaliation for a civil suit Garcia filed. According to the judge, the strength of the case was never addressed within the order.
But the DOJ argues the judge got the law wrong. The ruling, they claim, broadens the authority of courts to dismiss significant criminal charges. The brief states the district court did not follow relevant Supreme Court precedent. The agency argues this is an unwarranted intrusion into the Executive’s powers. They believe the judge applied a presumption of vindictiveness that no court has taken before. This measure required findings that the prosecutor had a personal stake in the suit.
The Justice Department laid out new details in their filing. Jose Hernandez Reyes, a convicted human smuggler, owned the car that Garcia was driving. During the stop, Garcia called Reyes and told the trooper he was calling his boss. Investigators were later informed by Reyes that Garcia served as a driver for his smuggling operation. He had Garcia saved in his phone as chauffeur.
License plate data shows Garcia came from Texas, not St. Louis as he claimed. He was transporting nine passengers. Per Breitbart, one unidentified witness detailed her texting relationship with Garcia. She said he invited her to join him on his trips even though she was a minor. The DOJ says career prosecutors indicted him based on the evidence, the law, and their firm belief that there is proof beyond a reasonable doubt.
U.S. Attorney Braden Boucek responded to the dismissal with a clear statement. He posted on X that the prosecution was not vindictive. The evidence before the district court established that it was not. Boucek said the charges were brought because the evidence conclusively established that he had committed the serious crime of human smuggling. That’s not vindictive. That’s protecting the public and the order never considered the strength of the case.
The agency noted that the judge acknowledged the evidence was insufficient to establish actual prosecutorial vindictiveness. Yet the judge still applied the presumption. The DOJ argues this was a grave error under both prongs of the inquiry. They contend it is undisputed that the prosecutor had no stake in the removal suit. There is no evidence that the prosecutor acted unreasonably in bringing charges.
Garcia was previously deported to El Salvador in March of 2025. Courts later ordered the administration to return him to the United States. Now, federal officials are rejecting his request to be deported to Costa Rica.