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- By Julie Myers
- 15 May 2026
A federal judge has ordered the immediate discharge of Kilmar Abrego Garcia from immigration custody, finding his ongoing detainment lacks legal authority.
"Since his return from erroneous imprisonment in El Salvador, he has been re-detained, again without lawful authority," Judge Paula Xinis stated in her order.
The case stems from a erroneous 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 detained in immigration custody.
In her decision, the court pointed out that the government lacks a current removal order, which prevents them from deporting Mr. Abrego Garcia "for now."
The court proceedings center on conflicting claims. Whereas the Trump administration argues that Abrego Garcia is a member of the MS-13 gang, he categorically disputes this allegation.
He has also pleaded not guilty to the smuggling charges, which are part of a separate criminal case in Tennessee.
The court, who was hearing his petition to deportation in a federal court, determined that he must now adhere to the conditions of his bond from custody in Tennessee. This order shifts his monitoring to the Tennessee court.
This ruling represents a significant development in a complex legal battle involving allegations of wrongful detention and disputed criminal associations.
Marlon Vance is a seasoned sports analyst with over a decade of experience in betting markets, specializing in data-driven predictions and strategy development.