In a brief three-page filing submitted to U.S. District Judge Paula Xinis in Maryland on Wednesday, Abrego Garcia’s attorneys highlighted remarks Mullin made during a Senate Appropriations Committee hearing when questioned by Sen. Chris Van Hollen (D-MD) about the Salvadoran national’s proposed relocation to Costa Rica.Van Hollen told Mullin that Abrego Garcia had agreed to be removed to Costa Rica and that Costa Rica had agreed to accept him. After a back-and-forth over the case, Mullin responded, “Great, if he’s willing to do that, we’ll be happy to send him.” Abrego Garcia’s lawyers argued the statement constitutes additional evidence supporting their request that the court resolve outstanding habeas claims.
The filing comes amid a monthslong dispute over where the administration may deport Abrego Garcia if he is released from custody. During a hearing last month, Xinis, an appointee of former President Barack Obama, pressed government lawyers about reports that officials were considering removing him to Liberia and questioned why the government would not instead permit him to self-deport to Costa Rica, an option his legal team had proposed.
The case of Abrego Garcia, an illegal immigrant from El Salvador, became a national flashpoint after he was deported home in March 2025 despite a 2019 immigration order barring his removal to his home country due to his stated fears of persecution. The Trump administration later facilitated his return to the United States following intervention by the Supreme Court.
