An immigration judge in Maryland denied Kilmar Abrego Garcia’s request to reopen his case and seek asylum in the U.S., though he can appeal to the Board of Immigration Appeals.

Abrego Garcia, a Salvadoran national, was mistakenly deported earlier this year and later returned to face human smuggling charges, to which he pleaded not guilty.

Despite showing credible evidence of gang threats in El Salvador, his asylum bid was rejected because he filed seven years after first arriving in the U.S., CBS News has reported.

He remains in immigration custody, and the Department of Homeland Security said his final removal order stands.