A Tennessee-based federal judge on Wednesday ordered the release of MS-13 gang member Kilmar Abrego Garcia – and a Maryland judge, appointed by Barack Obama, immediately blocked ICE from detaining Abrego Garcia.
Last month, a federal magistrate judge in Tennessee agreed to delay the release of MS-13 gang member Kilmar Abrego Garcia so he doesn’t get deported.
A federal grand jury in Tennessee recently indicted Kilmar Abrego Garcia for “transporting undocumented migrants within the United States.”
He was charged with one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens.
According to the indictment, Kilmar Abrego Garcia and co-conspirators from El Salvador, Guatemala, Mexico and the US were trafficking illegal aliens from 2016 through 2025.
Read the indictment here.
Last month Kilmar Abrego Garcia pleaded not guilty to human trafficking charges.
The DOJ previously told the Court that Abrego Garcia will be deported to a ‘third country’ that is not El Salvador after he is released from a Tennessee jail.
On Wednesday, US District Judge Waverly Crenshaw, an Obama appointee, ordered Kilmar Abrego released from prison.
Judge Paula Xinis, also an Obama appointee overseeing the civil suit filed by Abrego Garcia’s wife, immediately barred ICE from taking Abrego Garcia into custody.
CBS News reported:
A federal judge on Wednesday barred federal immigration authorities from immediately taking Kilmar Abrego Garcia into custody once he is released from criminal confinement in Tennessee and ordered the Trump administration to provide him 72 hours’ notice if it plans to initiate proceedings to remove him to a country that is not his place of origin.
The order from U.S. District Judge Paula Xinis was issued as a federal judge in Tennessee, who is presiding over Abrego Garcia’s criminal case, ruled that the Salvadoran national should be released from the custody of federal law enforcement under conditions that will be set by a magistrate judge.
The Tennessee judge, Waverly Crenshaw, denied the Justice Department’s request to revoke the magistrate judge’s order allowing Abrego Garcia to be released while awaiting a criminal trial, writing that the government “failed to carry its burden of showing that no condition or combination of conditions will reasonably assure Abrego’s appearance or the safety of others.”
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