A federal judge has ruled the immediate release of Kilmar Abrego Garcia from detention by ICE, finding his continued detainment lacks legal authority.
"Since Abrego Garcia's release after erroneous imprisonment in El Salvador, he has been re-detained, again without legal justification," Judge Paula Xinis wrote in her ruling.
The situation originates in a erroneous deportation to El Salvador earlier this year, which the government later admitted was an error. Following his return to the United States to face human smuggling charges, he was held in federal custody.
In her decision, the judge pointed out that the authorities does not have a valid removal order, which prevents them from removing Mr. Abrego Garcia "at this juncture."
The legal proceedings center on disputed claims. While the Trump administration contends that Abrego Garcia is a member of the MS-13 gang, he vehemently 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 overseeing his petition to removal in a federal court, ruled that he must now comply with the conditions of his release from jail in Tennessee. This order shifts his monitoring to the Tennessee court.
This decision represents a significant development in a complicated legal case featuring claims of wrongful detention and contested criminal affiliations.
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