A court has ruled the immediate release of Kilmar Abrego Garcia from immigration custody, finding his continued confinement lacks lawful basis.
"Since his release after wrongful imprisonment in El Salvador, he has been taken back into custody, again without legal justification," Judge Paula Xinis wrote in her ruling.
The situation originates in a mistaken removal to El Salvador earlier this year, which US authorities later admitted was an error. After his repatriation to the United States to face human smuggling allegations, he was detained in immigration custody.
In her decision, the judge pointed out that the authorities lacks a current removal order, which prevents them from removing Mr. Abrego Garcia "for now."
The court challenge involve disputed claims. Whereas the former administration argues that Abrego Garcia is a affiliate of the MS-13 criminal organization, he categorically disputes 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 challenge to removal in a Maryland district court, ruled that he must now adhere to the terms of his bond from jail in Tennessee. This decision effectively transfers his monitoring to the jurisdiction handling his criminal case.
This decision represents a significant development in a complicated legal case featuring claims of wrongful detention and disputed gang associations.
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