The Trump administration’s Department of Justice asked a federal appeals court Monday to revive the human smuggling case against Kilmar Abrego Garcia, accusing an Obama-appointed judge of improperly second-guessing prosecutors and intruding on executive authority.

In a 68-page opening brief, the government asked the 6th U.S. Circuit Court of Appeals to reverse U.S. District Judge Waverly Crenshaw’s May decision to dismiss a two-count indictment accusing Abrego Garcia of conspiring to transport illegal immigrants for financial gain and unlawfully transporting them.