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- By Brittany Stone
- 18 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 erroneous imprisonment in El Salvador, he has been re-detained, again without lawful authority," Judge Paula Xinis stated in her order.
The situation stems from a mistaken deportation to El Salvador in March, which US authorities later admitted was an error. After his return to the United States to face alien smuggling charges, he was held in federal detention.
In her decision, the court noted that the government lacks a valid deportation order, which prevents them from removing Mr. Abrego Garcia "at this juncture."
The legal challenge center on conflicting claims. While the former administration contends that Abrego Garcia is a affiliate of the MS-13 gang, he vehemently disputes this allegation.
He has also entered a not guilty plea to the conspiracy charges, which are part of a separate criminal case in Tennessee.
The judge, who was hearing his challenge to removal in a Maryland district court, determined that he must now comply with the conditions of his bond from jail in Tennessee. This order effectively transfers his supervision to the Tennessee court.
This ruling marks a significant development in a complex legal case featuring allegations of wrongful detention and contested criminal associations.
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