Late Wednesday, Justice Department attorneys said in a court filing that they had sought to have the case dismissed by agreeing to not deport Abrego Garcia to El Salvador without first winning court approval and pledging to follow procedures before sending him to a third country -- but that Abrego Garcia's attorneys had rejected those terms.

Judge Paula Xinis questions Justice Department over criminal investigation timing for Salvadorian migrant Abrego Garcia, returned after erroneous deportation.

A federal judge will consider a request by Kilmar Abrego Garcia to send him to Maryland to await his trial on federal human smuggling charges.