The Supreme Court on Thursday said President Donald Trump’s administration must facilitate the return of Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador, rejecting the administration’s emergency appeal

The administration claims Abrego Garcia is a member of the MS-13 gang, though his attorneys said there is no evidence he was in the gang, and he has never been charged with or convicted of a crime.

The administration has conceded that it made a mistake in sending him to El Salvador, where he is being held in a notorious prison, but also argued that it no longer could do anything about it.