The basis of their 'evidence' is an interaction Abrego Garcia had with the police in March 2019. Judge Xinis has said evidence is not sufficient or reliable enough to prove that Abrego Garcia is a gang member.
The Justice Department released documents for a March 2019 encounter Abrego Garcia had with local police at a Home Depot in Hyattsville, Maryland, just outside of Washington, D.C. At the time, Abrego Garcia’s lawyers said he was seeking work as a day laborer.
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The case set off a chain of events that culminated in him being turned over to Immigration and Customs Enforcement and accused of being MS-13.
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According to the redacted Gang Field Interview Sheet, Prince George’s County Police officers responded to the Home Depot and found four men loitering in the parking lot and detained them for questioning. Abrego Garcia was among them.
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Police said they arrested two men identified as active MS-13 members and found two small plastic bottles with marijuana.
Abrego Garcia, police said, wore a Chicago Bulls hat and hoodie with rolls of money “covering the eyes, ears and mouth of the presidents on the separate denominations,” which they said indicated his gang allegiance.
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The report also relied on a confidential informant who indicated Abrego Garcia was an active member of MS-13 under the moniker “Chele” as part of the Westerns clique. His attorneys have said in filings that the Westerns clique — according to the Justice Department and the Suffolk County District Attorney's Office — is based on Long Island, New York, a state where Abrego Garcia has never lived.
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According to the report, police took about four hours to respond to the incident, detain Abrego Garcia and the other men, and file the Gang Field Interview Sheet tying Abrego Garcia to MS-13, as his lawyers have said.
At the time, his attorneys said they tried to obtain more information on the allegations, including contacting the Prince George’s County Police detective who authored the report. Ivan Mendez, the former detective who made the report, was suspended from the police department days after Abrego Garcia's arrest.
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After Mendez pleaded guilty to misconduct, local prosecutors placed him on a "Do not call" list because they deemed him an unreliable witness, as USA TODAY found in court records.
eu.usatoday.com/story/news/politics/2025/04/17/white-house-gang-domestic-violence-abrego-garcia/83142208007/