A court has ruled the immediate release of Kilmar Abrego Garcia from immigration custody, finding his ongoing detainment lacks lawful basis.
"Since Abrego Garcia's release after wrongful detention in El Salvador, he has been taken back into custody, again without legal justification," Judge Paula Xinis wrote in her ruling.
The situation originates in a mistaken removal to El Salvador earlier this year, which the government later acknowledged was an error. Following his return to the United States to answer alien smuggling allegations, he was held in immigration custody.
In her decision, the court noted that the government does not have a current removal order, which effectively blocks them from deporting Mr. Abrego Garcia "at this time."
The court challenge center on disputed claims. Whereas the Trump administration argues that Abrego Garcia is a affiliate 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 separate criminal case in the state of Tennessee.
The court, who was hearing his petition to deportation in a Maryland district court, determined that he must now adhere to the terms of his release from custody in Tennessee. This decision effectively transfers his supervision to the jurisdiction handling his criminal case.
This decision represents a significant turn in a complicated immigration case involving claims of mistaken imprisonment and disputed gang associations.
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