A court has ordered the prompt discharge of Kilmar Abrego Garcia from detention by ICE, finding his continued confinement lacks legal authority.
"Since his return from wrongful detention in El Salvador, he has been re-detained, again without legal justification," Judge Paula Xinis stated in her order.
The case originates in a mistaken deportation to El Salvador earlier this year, which the government later acknowledged was an mistake. Following his repatriation to the United States to face human smuggling allegations, he was held in immigration detention.
In her decision, the judge noted that the government lacks a valid removal order, which effectively blocks them from deporting Mr. Abrego Garcia "at this time."
The legal challenge center on disputed assertions. Whereas the former administration contends that Abrego Garcia is a member of the MS-13 gang, he categorically denies this claim.
He has also entered a not guilty plea to the conspiracy charges, which are part of a ongoing criminal case in Tennessee.
The court, who was hearing his challenge to deportation in a Maryland district court, ruled that he must now adhere to the terms of his bond from custody in Tennessee. This order shifts his monitoring to the jurisdiction handling his criminal case.
This ruling marks a notable turn in a complex legal case involving allegations of mistaken imprisonment and disputed gang associations.
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