A federal judge has ordered the prompt release of Kilmar Abrego Garcia from immigration custody, finding his ongoing confinement is without legal authority.
"Since Abrego Garcia's return from wrongful imprisonment in El Salvador, he has been taken back into custody, again without lawful authority," the judge wrote in her ruling.
The situation stems from a erroneous deportation to El Salvador earlier this year, which the government later acknowledged was an mistake. After his repatriation to the United States to face human smuggling charges, he was detained in federal detention.
In her decision, the court pointed out that the authorities does not have a current removal order, which effectively blocks them from deporting Mr. Abrego Garcia "at this juncture."
The court proceedings center on conflicting claims. Whereas the former administration argues that Abrego Garcia is a member of the MS-13 gang, he categorically denies this allegation.
He has also pleaded not guilty to the conspiracy counts, which are part of a ongoing criminal case in Tennessee.
The court, who was hearing his petition to removal in a Maryland district court, determined that he must now adhere to the conditions of his release from jail in Tennessee. This order effectively transfers his monitoring to the Tennessee court.
This decision represents a significant development in a complicated immigration battle featuring claims of wrongful detention and disputed criminal associations.
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