An immigration judge on Wednesday rejected a motion to reopen the asylum case of Kilmar Abrego Garcia, a man who was previously deported to El Salvador despite legal efforts to remain in the U.S., according to a copy of the decision reviewed by ABC News.

Abrego Garcia’s attorneys had filed the emergency motion in August, arguing that his return to the United States after being wrongly deported triggered a new one-year window to apply for asylum. U.S. immigration law typically requires asylum applications to be filed within one year of arrival.

However, Regional Deputy Chief Immigration Judge Philip Taylor ruled that the motion was filed too late—nearly six years after the conclusion of Abrego Garcia’s original immigration proceedings—far beyond the 90-day limit permitted for motions to reopen.

In addition, the judge dismissed concerns that Abrego Garcia could face imminent removal to a third country, such as Uganda or Eswatini. While the Department of Homeland Security (DHS) previously sent a letter to Abrego Garcia’s lawyers indicating he “may” be deported to Uganda, Taylor concluded that the language used did not demonstrate a concrete decision or immediate intent to proceed.

“The word ‘may’ is permissive,” Judge Taylor wrote, adding that the DHS letter merely suggested it was reserving the option—not confirming any final removal plan.

The ruling marks another legal setback for Abrego Garcia, whose deportation has drawn criticism from immigrant rights advocates. His attorneys have not yet indicated whether they plan to appeal the decision.