A court has ruled the immediate release of Kilmar Abrego Garcia from immigration custody, concluding his continued confinement lacks lawful basis.
"Since his release after erroneous detention in El Salvador, he has been taken back into custody, again without lawful authority," Judge Paula Xinis wrote in her order.
The case originates in a erroneous deportation to El Salvador earlier this year, which the government later admitted was an mistake. After his repatriation to the United States to face human smuggling charges, he was held in federal detention.
In her order, the judge pointed out that the authorities does not have a current deportation order, which effectively blocks them from removing Mr. Abrego Garcia "at this juncture."
The court proceedings center on conflicting assertions. While the Trump administration contends that Abrego Garcia is a affiliate of the MS-13 criminal organization, he vehemently disputes this claim.
He has also entered a not guilty plea to the conspiracy charges, which are part of a separate criminal case in Tennessee.
The judge, who was overseeing his challenge to deportation in a federal court, ruled that he must now adhere to the terms of his release from jail in Tennessee. This decision shifts his monitoring to the jurisdiction handling his criminal case.
This ruling represents a significant development in a complicated legal battle involving claims of mistaken imprisonment and disputed gang associations.
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