A federal judge has ruled the immediate discharge of Kilmar Abrego Garcia from immigration custody, finding his continued detainment is without lawful basis.
"Since Abrego Garcia's release after wrongful imprisonment in El Salvador, he has been taken back into custody, again without lawful authority," Judge Paula Xinis stated in her order.
The case originates in a erroneous deportation to El Salvador in March, which US authorities later admitted was an error. After his return to the United States to face human smuggling charges, he was held in federal custody.
In her order, the judge pointed out that the authorities does not have a current deportation order, which effectively blocks them from deporting Mr. Abrego Garcia "for now."
The legal proceedings involve conflicting claims. While the former 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 Tennessee.
The judge, who was overseeing his petition to removal in a Maryland district court, determined that he must now comply with the conditions of his release from jail in Tennessee. This order effectively transfers his monitoring to the Tennessee court.
This decision marks a notable turn in a complex legal battle involving allegations of wrongful detention and contested criminal affiliations.