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Abrego Garcia v.Noem

Status Report Document #64

District Court, D. Maryland

Docket Number: 8:25-cv-00951

Citation:Abrego Garcia v. Noem, 8:25-cv-00951, (D. Maryland Apr 13, 2025) ECF No. 64

Date Filed: April 13th, 2025

Uploaded: April 15th, 2025, 12:38 p.m. EDT

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STATUS REPORT by Nikita Baker, Pamela Bondi, Kenneth Genalo, Todd Lyons, Kristi Noem, Marco Rubio(DeShields Minnis, Tarra) (Entered: 04/13/2025)

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        Case 8:25-cv-00951-PX         Document 64        Filed 04/13/25     Page 1 of 3                             UNITED STATES DISTRICT COURT                             FOR THE DISTRICT OF MARYLAND                                    (Greenbelt Division) KILMAR ARMANDO ABREGO GARCIA,   et al., Plaintiffs,                                                       No. 8:25-cv-00951-PX                        v.                             Declaration Of Assistant Director                                                       Evan C. Katz KRISTI NOEM, Secretary of Homeland   Security, et al., Defendants                             DECLARATION OF EVAN C. KATZI, Evan C. Katz, pursuant to 28 U.S.C. § 1746, declare under penalty of perjury as follows:       1.      I am Assistant Director for the Removal Division, within the Department ofHomeland Security, U.S. Immigration and Customs Enforcement (ICE) Enforcement and RemovalOperations (ERO).       2.      In this capacity, I am responsible for leading the division, which is composed ofICE Air Operations, International Operations, and Removal Management. I coordinate with the25 ERO Field Offices to support case management and facilitate the removal of aliens from theUnited States. I have held this position since December 2023. Before this assignment, I served asthe Acting Assistant Director for the Removal Division from January 2023 to November 2023 andDeputy Assistant Director for the Removal Division from January 2015 to December 2022. I havebeen in service with ICE since 2003 and prior to that, the Legacy Immigration and NaturalizationService since November 1997.        Case 8:25-cv-00951-PX         Document 64       Filed 04/13/25     Page 2 of 3       3.      I provide this declaration based on my personal knowledge, reasonable inquiry, andinformation obtained from various records, systems, databases, other Department of HomelandSecurity (DHS) employees, and information portals maintained and relied upon by DHS in theregular course of business.       4.      I am aware that the instant lawsuit has been filed regarding the removal of KilmerArmando Abrego-Garcia (Abrego-Garcia) to El Salvador.       5.      I am aware that after this Court’s preliminary injunction issued, that theGovernment sought a stay pending appeal from the Fourth Circuit on the same day and ultimatelythe Supreme Court. On March 7, Chief Justice Roberts issued an administrative stay of thatpreliminary injunction order. On March 10, the Supreme Court held that “the deadline in thechallenged order is no longer effective” and that aspects of this Court’s injunction needed to beclarified before they could become effective.       6.      During proceedings in 2019, an immigration judge upheld DHS’s decision not togrant bond, finding that DHS’s determination that he was a member of MS-13 was “trustworthy”and “supported by other evidence,” and noted that Abrego-Garcia “failed to present evidence torebut that assertion.” The Board of Immigration Appeals upheld the finding when Abrego-Garciaappealed.       7.      On March 15, 2025, Abrego-Garcia, a native and citizen of El Salvador, wasremoved to El Salvador, pursuant to Title 8 of the United States Code. Although Abrego-Garciahas an order of removal issued by an immigration judge, I understand that he should not have beenremoved to El Salvador because the immigration judge had also granted Abrego-Garciawithholding of removal to El Salvador. However, I also understand that Abrego Garcia is no longer        Case 8:25-cv-00951-PX           Document 64        Filed 04/13/25               Page 3 of 3eligible for withholding of removal because of his membership in MS-13 which is now adesignated foreign terrorist organization.       8.      I have reviewed the declaration of Mr. Michael Kozak, which was filed in this caseyesterday, April 12, 2025. It is my understanding that Defendants have no updates for the Courtbeyond what was provided yesterday.I declare under penalty of perjury that the foregoing is true and correct.Executed this 13th day of April 2025.                                             EVAN C KATZ          Digitally signed by EVAN C KATZ                                                                  Date: 2025.04.13 16:38:41 -04'00'                                              ____________________________                                              Evan C. Katz                                              Assistant Director                                              Enforcement and Removal Operations                                              U.S. Immigration and Customs Enforcement                                              U.S. Department of Homeland Security

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