A federal judge in Maryland ordered the release of Kilmar Abrego Garcia from ICE custody “immediately,” according to a Thursday court filing, a significant development in the case concerning the El Salvadoran mistakenly deported this year before being returned to the United States.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” district Judge Paula Xinis wrote. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”
“Abrego Garcia’s case demands judicial intervention,” Xinis said.
“Because Abrego Garcia has been held in ICE detention to effectuate third-country removal absent a lawful removal order, his requested relief is proper,” Xinis wrote, adding that the Trump administration’s “conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer.”
The Trump administration contends Mr Abrego Garcia is a member of the MS-13 gang, which he denies.
He also has pleaded not guilty to smuggling charges, which are part of a trial in Tennessee.
Judge Xinis, who was hearing his challenge to deportation in a federal court in Maryland, said he must now follow the conditions of his release from jail in Tennessee.
By CNN
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