- A U.S. District Judge in Maryland has ordered the immediate release of Kilmar Abrego Garcia from immigration detention. Judge Paula Xinis issued the ruling on the grounds that Garcia, a Salvadoran national and suspected MS-13 gang member, was held without lawful authority.
Judge Xinis granted the petition for Garcia's release, citing issues with his detention status.
"Since Abrego Garcia's return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority," Xinis stated in the ruling. "For this reason, the Court will GRANT Abrego Garcia's Petition for immediate release from ICE custody."
The Department of Homeland Security has opposed the release order.
Garcia, who entered the U.S. illegally as a teenager, has resided in Maryland for several years with his American wife and child. In 2019, an immigration judge ruled that he could not be deported to El Salvador because of dangers posed by a gang targeting his family.
Immigration and Customs Enforcement (ICE) subsequently attempted to deport Garcia to Africa. Judge Xinis criticized the handling of these attempts in her written decision. She noted that federal authorities "did not just stonewall" the court, but "they affirmatively misled the tribunal."
This statement addressed affirmations submitted by officials regarding potential removal to African countries and Costa Rica.
Arguments that the court lacked jurisdiction were also dismissed by Judge Xinis. "Thus, Abrego Garcia's request for immediate release cannot touch upon the execution of a removal order if no such order exists," she wrote.
Garcia is currently petitioning to reopen his immigration case to seek asylum. He also faces separate criminal charges in a Tennessee federal court, where he has pleaded not guilty to human smuggling charges.
http://www.easternshoreundercover.com/news2/us-district-judge-orders-immediate-release-of-kilmar-abrego-garcia.htm
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