A court has ruled the immediate discharge of Kilmar Abrego Garcia from immigration custody, concluding his ongoing detainment is without lawful basis.
"Since his release after erroneous imprisonment in El Salvador, he has been re-detained, again without legal justification," the judge stated in her order.
The situation stems from a erroneous removal to El Salvador earlier this year, which US authorities later acknowledged was an mistake. After his repatriation to the United States to face alien smuggling allegations, he was detained in immigration custody.
In her order, the judge noted that the government does not have a valid deportation order, which prevents them from removing Mr. Abrego Garcia "at this juncture."
The court proceedings center on disputed claims. While the Trump administration argues that Abrego Garcia is a member of the MS-13 gang, he vehemently denies this allegation.
He has also entered a not guilty plea to the conspiracy counts, which are part of a separate criminal case in the state of Tennessee.
The judge, who was hearing his challenge to deportation in a Maryland district court, determined that he must now adhere to the conditions of his bond from jail in Tennessee. This decision shifts his monitoring to the jurisdiction handling his criminal case.
This decision marks a significant turn in a complicated legal case involving allegations of mistaken imprisonment and contested gang affiliations.
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