A federal judge has ordered the prompt release of Kilmar Abrego Garcia from immigration custody, finding his continued detainment lacks legal authority.
"Since Abrego Garcia's return from wrongful detention in El Salvador, he has been re-detained, again without legal justification," the judge wrote in her order.
The situation originates in a erroneous deportation to El Salvador in March, which the government later admitted was an mistake. After his return to the United States to face human smuggling charges, he was held in federal detention.
In her decision, the court noted that the government lacks a valid deportation order, which prevents them from deporting Mr. Abrego Garcia "at this juncture."
The court challenge involve conflicting claims. Whereas the former administration argues that Abrego Garcia is a affiliate of the MS-13 criminal organization, he categorically disputes this claim.
He has also entered a not guilty plea to the conspiracy charges, which are part of a separate trial in the state of Tennessee.
The court, who was hearing his petition to removal in a federal court, determined that he must now adhere to the conditions of his bond from jail in Tennessee. This decision shifts his monitoring to the jurisdiction handling his criminal case.
This decision represents a notable turn in a complex legal case featuring claims of wrongful detention and disputed gang affiliations.
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