A federal judge has ruled the immediate release of Kilmar Abrego Garcia from immigration custody, concluding his continued confinement lacks lawful basis.
"Since Abrego Garcia's return from erroneous detention in El Salvador, he has been re-detained, again without legal justification," the judge stated in her order.
The case stems from a mistaken removal to El Salvador earlier this year, which the government later acknowledged was an error. After his repatriation to the United States to face human smuggling charges, he was detained in immigration detention.
In her order, the judge pointed out that the government lacks a current removal order, which effectively blocks them from deporting Mr. Abrego Garcia "at this time."
The court challenge center on disputed claims. While the former administration argues that Abrego Garcia is a affiliate of the MS-13 criminal organization, he categorically denies this claim.
He has also entered a not guilty plea to the smuggling charges, which are part of a separate trial in Tennessee.
The court, who was hearing his challenge to removal in a federal court, ruled that he must now comply with the terms of his release from custody in Tennessee. This order shifts his supervision to the Tennessee court.
This ruling represents a notable development in a complicated immigration battle involving allegations of mistaken imprisonment and contested criminal associations.
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