Kristi Noem, Secretary, Department of Homeland Security v. Kilmar Armando Abrego Garcia
Granted in part
No. 24A949·Vacatur application·Filed by the federal government·Presented to The Chief Justice·From United States Court of Appeals for the Fourth Circuit
What did the Court do?
The Court granted part of the request on April 10, 2025 and wiped out (vacated) part of the lower-court order it challenged.
Emergency rulings are temporary and do not decide the underlying case.
Filed · Ruled · 3 days after filing
What's being asked
The federal government asks the Supreme Court to wipe out a Maryland judge’s order concerning Kilmar Abrego Garcia. The order required the government to secure his release from detention in El Salvador and return him to the United States. The government acknowledges an immigration judge’s order barred sending him to El Salvador, but says it sent him there by mistake. The government says Garcia belongs to the MS-13 gang and that returning him would threaten public safety. Garcia denies belonging to MS-13.
What the Court did
The Court partly gave the federal government emergency help (granted part of its request) and refused the rest (denied the remainder). The deadline passed during the Chief Justice’s pause; the order otherwise stands, and the case goes back to the district court (remanded) for clarification. No vote was published; Justice Sotomayor wrote a statement, and Justices Kagan and Jackson signed on to it.
Vote not published · 9the order does not say how they voted
The order does not say how any justice voted, as is usual on the emergency docket.
Filing60 days
Half of 300 rulings on applications decided without a response came 8 to 28 days after filing, and the median was 14 days; this one was ruled on 3 days after filing.
What it means
The emergency ruling is temporary and does not decide who ultimately wins the underlying dispute. The Maryland district court must clarify its order. The docket lists no related case for a full decision, and the Court set no argument on this application.
Separate writings
Justice Sotomayor, joined by Justice Kagan and Justice Jackson, respecting the order
Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A949. The answers restate that record in plain words; explainer copy is written from the record and the filings only.