Kilmar Abrego Garcia filed a motion to dismiss the criminal case filed against him arguing that it constituted selective and vindictive prosecution, specifically arguing that the three-year gap between his traffic stop and the charges being filed against him was "suspicious timing" and evidence of the government's retaliatory intent.

Kilmar Abrego Garcia's attorneys accuse the DOJ of 'vindictive and selective prosecution,' move to dismiss criminal case.

The judge overseeing the proceedings suggested there were weaknesses in the government’s case against the Salvadoran man.