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Provided by AGPUS District Judge Waverly Crenshaw determined that the Department of Homeland Security (DHS) did not successfully counter the “presumption of vindictiveness” presented by Abrego Garcia. The claim argued that authorities revived a dormant inquiry stemming from a November 2022 traffic stop in Tennessee—where he was linked to an alleged human smuggling operation—as a “vindictive motive” in response to “Abrego's successful lawsuit” against the Trump administration.
“Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed,” said Crenshaw.
During the 2022 traffic stop, Abrego Garcia was neither detained nor formally charged. Tennessee state troopers had questioned him after observing that nine individuals were inside his vehicle without luggage, raising suspicions of possible human trafficking before he was ultimately released.
Crenshaw also wrote that “Instead of investigating the November 2022 traffic stop to identify who was responsible for the human smuggling, (US Acting Attorney General Todd) Blanche started the investigation to implicate Abrego,” suggesting the focus of the inquiry shifted inappropriately.
He further added that “(Blanche) did so to justify the Executive Branch's decision to remove him to El Salvador,” referencing Abrego Garcia’s earlier, disputed deportation in March 2025. That removal triggered significant media attention after the Trump administration allegedly ignored court orders to return him to the United States and later defended the action by accusing him of ties to the MS-13 gang in El Salvador.
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