Supreme Court Chief Justice John Roberts speaks at the University...

Supreme Court Chief Justice John Roberts speaks at the University of Nebraska Lincoln, in Lincoln, Neb., Sept. 19, 2014. Credit: AP/Nati Harnik

Chief Justice John Roberts agreed Monday to pause a midnight deadline for the Trump administration to return a Maryland man mistakenly deported to a notorious prison in El Salvador.

The temporary order comes hours after a Justice Department emergency appeal to the Supreme Court arguing U.S. District Judge Paula Xinis overstepped her authority when she ordered Kilmar Abrego Garcia returned to the United States.

The administration has conceded that Abrego Garcia should not have been sent to El Salvador because an immigration judge found he likely would face persecution by local gangs.

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