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A court has ordered the immediate release of Kilmar Abrego Garcia from immigration custody, concluding his continued confinement is without lawful basis.

"Since his return from wrongful imprisonment in El Salvador, he has been re-detained, again without lawful authority," the judge wrote in her order.

The case stems from a erroneous removal to El Salvador earlier this year, which US authorities later acknowledged was an mistake. Following his return to the United States to face alien smuggling allegations, he was held in federal custody.

In her decision, the judge noted that the government lacks a current removal order, which prevents them from deporting Mr. Abrego Garcia "at this juncture."

Context of the Case

The legal proceedings involve conflicting assertions. Whereas the former administration contends that Abrego Garcia is a member of the MS-13 criminal organization, he vehemently denies this allegation.

He has also pleaded not guilty to the smuggling charges, which are part of a ongoing trial in the state of Tennessee.

Conditions of Freedom

The judge, who was hearing his petition to deportation in a Maryland district court, determined that he must now adhere to the terms of his bond from jail in Tennessee. This decision shifts his supervision to the jurisdiction handling his criminal case.

This decision represents a notable turn in a complex immigration case featuring claims of wrongful detention and disputed criminal affiliations.