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- By Linda Kelly
- 11 May 2026
A federal judge has ruled the prompt discharge of Kilmar Abrego Garcia from detention by ICE, finding his continued detainment is without legal authority.
"Since Abrego Garcia's return from wrongful detention in El Salvador, he has been taken back into custody, again without legal justification," Judge Paula Xinis stated in her order.
The situation stems from a mistaken removal to El Salvador in March, which the government later admitted was an mistake. After his repatriation to the United States to face human smuggling charges, he was held in federal detention.
In her order, the judge pointed out that the government does not have a current deportation order, which effectively blocks them from deporting Mr. Abrego Garcia "at this time."
The court proceedings involve disputed assertions. While the Trump 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 smuggling charges, which are part of a ongoing trial in Tennessee.
The court, who was hearing his petition to removal in a Maryland district court, determined that he must now adhere to the terms of his bond from custody in Tennessee. This order shifts his monitoring to the jurisdiction handling his criminal case.
This decision marks a notable development in a complex legal case featuring claims of wrongful detention and disputed criminal associations.
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