A federal judge has ordered the immediate release of Kilmar Abrego Garcia from immigration custody, finding his continued confinement is without legal authority.
"Since his release after erroneous detention in El Salvador, he has been re-detained, again without lawful authority," the judge wrote in her ruling.
The case stems from a erroneous removal to El Salvador in March, which the government later acknowledged was an mistake. Following his repatriation to the United States to answer alien smuggling charges, he was detained in immigration custody.
In her order, the judge noted that the government lacks a valid deportation order, which prevents them from deporting Mr. Abrego Garcia "at this juncture."
The legal proceedings center on disputed assertions. While the Trump administration contends that Abrego Garcia is a member of the MS-13 gang, he vehemently denies this allegation.
He has also entered a not guilty plea to the smuggling counts, which are part of a separate trial in the state of Tennessee.
The court, who was overseeing his challenge to removal in a Maryland district court, ruled that he must now comply with the conditions of his bond from jail in Tennessee. This decision shifts his monitoring to the jurisdiction handling his criminal case.
This ruling represents a significant development in a complex immigration battle involving allegations of wrongful detention and contested gang associations.
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