A federal judge has ordered the immediate release of Kilmar Abrego Garcia from detention by ICE, concluding his ongoing detainment is without lawful basis.
"Since his return from erroneous detention in El Salvador, he has been taken back into custody, again without lawful authority," the judge stated in her ruling.
The case stems from a erroneous deportation to El Salvador in March, which the government later admitted was an error. Following his repatriation to the United States to answer human smuggling charges, he was detained in federal custody.
In her decision, the court pointed out that the government does not have a current removal order, which prevents them from removing Mr. Abrego Garcia "at this time."
The legal proceedings center on conflicting assertions. Whereas the former administration contends that Abrego Garcia is a affiliate of the MS-13 gang, he categorically disputes this allegation.
He has also entered a not guilty plea to the smuggling counts, which are part of a separate criminal case in the state of Tennessee.
The court, who was overseeing his challenge to deportation in a Maryland district court, ruled that he must now adhere to the conditions of his bond from jail in Tennessee. This order effectively transfers his monitoring to the jurisdiction handling his criminal case.
This decision marks a significant turn in a complex immigration battle involving claims of mistaken imprisonment and contested criminal affiliations.
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