Attorneys for Abrego Garcia had asked that the administration be found in contempt of court over its inaction.
The judge said she wants to review the evidence the administration submits, which is expected to include sworn depositions, before ruling on the matter.
Speaking for the administration, Drew Ensign of the Justice Department said during the hearing that the government had complied with the judge's previous directives.
He also said that if Abrego Garcia were to show up at a port of entry, we "would facilitate his return" into the U.S. before taking him into custody.
Xinis previously ordered the administration to try to bring Abrego Garcia back to the U.S., where he could be given due process.
In her written order, the judge questioned why Abrego Garcia was still "inexplicably detained" in prison.
Lawyers for Abrego Garcia have denied that he's a gang member, and Xinis has questioned the evidence the immigration judge used years earlier to make that determination. »
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