A federal judge has ordered the immediate release of Kilmar Abrego Garcia from detention by ICE, concluding his ongoing confinement is without legal authority.
"Since his 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 earlier this year, which US authorities later acknowledged was an error. After his repatriation to the United States to answer human smuggling allegations, he was detained in federal detention.
In her decision, the court noted that the government does not have a current removal order, which prevents them from deporting Mr. Abrego Garcia "at this time."
The court challenge involve disputed claims. While the former administration contends that Abrego Garcia is a member of the MS-13 gang, he categorically denies this claim.
He has also entered a not guilty plea to the smuggling charges, which are part of a ongoing criminal case in the state of Tennessee.
The court, who was hearing his challenge to removal in a federal court, ruled that he must now adhere to the terms of his bond from custody in Tennessee. This order effectively transfers his supervision to the jurisdiction handling his criminal case.
This decision represents a notable turn in a complicated immigration case featuring allegations of mistaken imprisonment and disputed gang affiliations.
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