U.S. Attorney’s Office Files Opening Brief for Appeal in United States v. Abrego Garcia

Today, August 17, 2026, the United States filed its opening brief in the United States Court of Appeals for the Sixth Circuit in United States v. Abrego Garcia asking the appellate court to reverse the district court's order dismissing the indictment and to reinstate the case against Abrego Garcia.

As described in the United States' brief, the decision to seek an indictment against Abrego Garcia for human smuggling was made by career prosecutors based on the evidence, the law, and their firm belief that there is proof beyond a reasonable doubt that Abrego Garcia had committed the offenses charged. The indictment and prosecution of Abrego Garcia in the Middle District of Tennessee was not vindictive and the evidence before the district court established that it was not. Instead, the evidence in the district court proved that charges were brought against Abrego Garcia because, in the view of career prosecutors, the evidence conclusively established that he had committed a serious crime, and not for any vindictive motive.

While the United States respects the district court, the United States argues in today's appellate brief that the district court did not follow the relevant Supreme Court and Sixth Circuit precedent in making its decision to dismiss the indictment against Abrego Garcia. The ruling marks a dramatic expansion of the power of courts to dismiss serious criminal charges based on subjective assessments of a prosecutor's motivations and is an unwarranted intrusion into the Executive's powers and responsibility to protect the public. Therefore, an appeal is necessary to seek review of the district court's decision and ensure that federal law is followed appropriately.

The link to the full brief can be found here: