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- By Ariel Wheeler
- 09 May 2026
A federal judge has ruled the prompt discharge of Kilmar Abrego Garcia from detention by ICE, finding his ongoing confinement lacks legal authority.
"Since Abrego Garcia's release after erroneous detention in El Salvador, he has been taken back into custody, again without legal justification," the judge wrote in her order.
The case stems from a mistaken deportation to El Salvador in March, which the government later admitted was an error. After his return to the United States to answer human smuggling allegations, he was held in immigration detention.
In her order, the judge pointed out that the government lacks a current deportation order, which effectively blocks them from deporting Mr. Abrego Garcia "for now."
The legal proceedings center on conflicting claims. While the Trump administration contends that Abrego Garcia is a affiliate of the MS-13 gang, he categorically denies this claim.
He has also entered a not guilty plea to the smuggling charges, which are part of a separate criminal case in the state of Tennessee.
The court, who was overseeing his petition to deportation in a federal court, ruled that he must now comply with the terms of his release from custody in Tennessee. This order shifts his monitoring to the Tennessee court.
This ruling represents a significant development in a complex legal battle featuring claims of mistaken imprisonment and contested gang associations.
Elara Vance is a dedicated MapleStory enthusiast and gaming writer, known for creating in-depth guides and staying updated on game mechanics.