A court has ordered the immediate release of Kilmar Abrego Garcia from detention by ICE, finding his continued detainment lacks legal authority.
"Since his return from erroneous imprisonment in El Salvador, he has been re-detained, again without lawful authority," the judge wrote in her order.
The case originates in a mistaken removal to El Salvador in March, which the government later admitted was an error. Following his repatriation to the United States to answer human smuggling allegations, he was held in immigration custody.
In her decision, the judge pointed out that the government does not have a current deportation order, which effectively blocks them from removing Mr. Abrego Garcia "at this time."
The court proceedings center on disputed claims. Whereas the former administration contends that Abrego Garcia is a affiliate of the MS-13 gang, he vehemently disputes this allegation.
He has also pleaded not guilty to the conspiracy counts, which are part of a separate trial in Tennessee.
The court, who was overseeing his challenge to removal in a federal court, ruled that he must now comply with the terms of his release from jail in Tennessee. This order shifts his monitoring to the jurisdiction handling his criminal case.
This ruling represents a notable development in a complicated immigration battle involving claims of mistaken imprisonment and contested gang associations.
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