The Trump administration is fighting Kilmar Abrego Garcia ‘s bid to apply for asylum in the United States, arguing that he’s ineligible as a member of the MS-13 gang.

The Department of Homeland Security on Friday released immigration court documents that outline its arguments against Abrego Garcia applying for asylum or receiving it.

A primary argument is that Abrego Garcia is a member of a designated foreign terrorist organization, MS-13, an allegation that Abrego Garcia denies and for which he hasn’t been charged.

Abrego Garcia, 30, became a flashpoint over President Donald Trump’s immigration policies when he was wrongfully deported to his native country of El Salvador in March. The U.S. returned him in June, but only to face federal human smuggling in Tennessee, which his lawyers have called preposterous and vindictive. He has pleaded not guilty.

Abrego Garcia filed a motion in Baltimore immigration court last month to reopen his 2019 immigration case and apply for asylum again. He was denied the first time because his request came more than a year after he arrived in the U.S.

Abrego Garcia had fled threats of gang violence in his native El Salvador around 2011 to join his brother in Maryland.