The man was (at this particular moment) protected from being deported, the deportation was completely unlawful.

And if you care to read court fillings the proof of the man being gang member is:

- Plaintiff Abrego Garcia was wearing a Chicago Bulls hat and a hoodie.

- A confidential informant claimed he was an active member of MS-13 with the "Westerns" clique (which operates in New York, where Garcia never lived).