A court has ordered the immediate release of Kilmar Abrego Garcia from immigration custody, concluding his ongoing confinement lacks legal authority.
"Since his release after wrongful detention in El Salvador, he has been taken back into custody, again without lawful authority," Judge Paula Xinis wrote in her ruling.
The situation stems from a erroneous deportation to El Salvador earlier this year, which the government later acknowledged was an error. After his repatriation to the United States to answer human smuggling allegations, he was held in immigration detention.
In her decision, the court noted that the authorities lacks a valid removal order, which effectively blocks them from removing Mr. Abrego Garcia "for now."
The court proceedings center on conflicting claims. Whereas the former administration contends that Abrego Garcia is a member of the MS-13 criminal organization, he categorically denies this claim.
He has also pleaded not guilty to the smuggling charges, which are part of a separate trial in Tennessee.
The judge, who was overseeing his petition to removal in a Maryland district court, ruled that he must now comply with the conditions of his bond from custody in Tennessee. This decision effectively transfers his monitoring to the Tennessee court.
This decision marks a significant turn in a complicated immigration battle involving claims of mistaken imprisonment and disputed gang affiliations.
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