A federal judge has ruled the prompt release of Kilmar Abrego Garcia from detention by ICE, finding his ongoing detainment is without legal authority.
"Since Abrego Garcia's release after erroneous detention in El Salvador, he has been taken back into custody, again without legal justification," Judge Paula Xinis stated in her order.
The situation stems from a mistaken deportation to El Salvador in March, which the government later admitted was an error. After his return to the United States to answer alien smuggling charges, he was held in federal detention.
In her decision, the judge noted that the government lacks a current removal order, which prevents them from removing 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 gang, he categorically denies this allegation.
He has also pleaded not guilty to the smuggling charges, which are part of a ongoing trial in the state of Tennessee.
The judge, who was overseeing his petition to deportation in a Maryland district court, ruled that he must now comply with the terms of his bond from custody in Tennessee. This order shifts his monitoring to the Tennessee court.
This ruling represents a significant turn in a complex legal case featuring allegations of mistaken imprisonment and disputed gang associations.
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