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- By James Chambers
- 18 May 2026
A court has ruled the immediate release of Kilmar Abrego Garcia from immigration custody, finding his ongoing detainment lacks lawful basis.
"Since Abrego Garcia's release after wrongful detention in El Salvador, he has been taken back into custody, again without legal justification," Judge Paula Xinis stated in her ruling.
The situation originates in a mistaken deportation to El Salvador in March, which US authorities later acknowledged was an mistake. After his return to the United States to face human smuggling charges, he was held in federal detention.
In her decision, the court pointed out that the government lacks a current removal order, which effectively blocks them from removing Mr. Abrego Garcia "at this juncture."
The court proceedings involve conflicting claims. Whereas the Trump administration argues that Abrego Garcia is a member of the MS-13 criminal organization, he categorically disputes this allegation.
He has also pleaded not guilty to the smuggling charges, which are part of a ongoing trial in the state of Tennessee.
The judge, who was overseeing his challenge to removal in a Maryland district court, ruled that he must now adhere to the conditions of his bond from custody in Tennessee. This decision effectively transfers his monitoring to the Tennessee court.
This ruling marks a significant turn in a complicated legal battle involving claims of mistaken imprisonment and contested gang associations.
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