Last Updated: August 18, 2026 
The Justice Department is seeking to revive its criminal case against Kilmar Abrego Garcia, asking a federal appeals court to reverse a Tennessee judge’s decision dismissing the indictment.
On August 17, 2026, federal prosecutors filed an opening brief with the U.S. Court of Appeals for the Sixth Circuit seeking reversal of the May 22 dismissal and reinstatement of the charges.
Abrego Garcia had been charged with conspiracy to transport undocumented immigrants and unlawfully transporting undocumented immigrants. He pleaded not guilty before the indictment was dismissed.
Why Were the Charges Against Abrego Garcia Dismissed?
U.S. District Judge Waverly D. Crenshaw Jr. dismissed the indictment on May 22 after considering Abrego Garcia’s claim that the criminal case was brought in retaliation for his successful legal challenge to his removal to El Salvador.
Abrego Garcia was deported to El Salvador in March 2025 despite a 2019 immigration order that barred his removal to that country. Courts later required the federal government to facilitate his return to the United States.
The criminal charges stemmed from a November 2022 traffic stop in Tennessee. Authorities suspected Abrego Garcia of transporting people who were unlawfully present in the United States, but he was allowed to leave after the stop.
The investigation was later reopened, and a federal grand jury returned a two-count indictment in May 2025.
In dismissing the case, Judge Crenshaw did not find sufficient evidence of actual prosecutorial vindictiveness. Instead, he applied a presumption of vindictiveness and concluded that the government had not adequately rebutted it.
What Is the Justice Department Arguing on Appeal?
The Justice Department argues that the district court applied the legal standard for prosecutorial vindictiveness incorrectly and improperly dismissed the indictment.
Federal prosecutors maintain that career prosecutors pursued the charges based on the evidence and their belief that the alleged conduct could be proven beyond a reasonable doubt.
The government also argues that legitimate reasons existed for reopening the criminal investigation after Abrego Garcia was ordered returned to the United States and that additional evidence was developed before the indictment was obtained.
The Justice Department is asking the Sixth Circuit to reverse the district court’s ruling and allow the criminal prosecution to resume.
What Happens Next in the Abrego Garcia Case?
The Sixth Circuit will now consider the government’s appeal. Reinstatement of the charges is not automatic merely because the Justice Department filed an appeal.
The appellate court will determine whether the district judge applied the correct legal standards when dismissing the indictment. If the Sixth Circuit reverses the dismissal, the criminal case could return to the federal district court in Tennessee and proceed on the reinstated charges.
If the dismissal is upheld, the indictment would remain dismissed unless further appellate proceedings alter that result.
Abrego Garcia is also involved in separate federal immigration litigation concerning the government’s efforts to remove him from the United States. Those proceedings are distinct from the criminal appeal now before the Sixth Circuit.
Disclaimer: This article is provided for general informational purposes only and reports on ongoing federal criminal and immigration proceedings involving Kilmar Abrego Garcia. The criminal indictment was dismissed by the district court, and the Justice Department is appealing that decision. The appellate court has not ruled on whether the charges should be reinstated. Abrego Garcia pleaded not guilty to the criminal charges before their dismissal, and the allegations should not be understood as findings of guilt. Court filings, dates, and the status of the proceedings may change. This article does not constitute legal advice.
