On Friday, a federal judge asked Kilmer Abrego Garcia’s lawyer to keep him in prison until he was heard, a pilot intended to prevent his next deportation from the United States.
Abrego Garcia, an illegal immigrant currently in custody of human smuggling in Tennessee, asked U.S. Magistrate Judge Barbara Holmes to delay his release from criminal custody until the July hearing, claiming that the Trump administration intended to be released and expel him quickly to a third country. The judge ultimately granted their request despite Abrego Garcia’s lawyers aggressively pushing back some of the claims they made in their allegations. (Related: Environmental Group appeals to block “Wannial Catraz” detention centre)
“The United States has submitted that it does not oppose the delay in issuing the court’s future release order, according to court documents,” Holmes responded.
Abrego Garcia’s lawyers admitted the “irony” of their demands earlier Friday, noting that he spent the past two weeks fighting for detention in Tennessee, demanding that federal prosecutors remain in custody before trial. The Salvadoran man was originally scheduled to be released on Wednesday.
According to court documents, the decision by Holmes delays further action until the next court hearing on July 16th.
WASHINGTON, DC – April 9: US Rep. Nydia Velazquez (D-NY) (L) and Congressman Juan Vargas (D-CA) (R) hold photos of Kilmar Abrego Garcia to discuss the arrest and deportation of Abrego Garcia on April 9, 2025 at the Cannon House Office Building in DC. (Photo: Alex Wong/Getty Images)
Abrego Garcia, accused by the Trump administration of being a member of the MS-13 gang, is currently jailed in Tennessee on charges of participating in a long-standing conspiracy to smuggle illegal immigrants around the country. Federal prosecutors claim he has made more than 100 trips in about a decade, usually driving from Texas to his residence in Maryland, transporting illegal immigrants, guns and drugs.
Immigration and customs enforcement agents removed Abrego Garcia in El Salvador in March. This is an action that immediately attracted the attention of the public due to the fact that he had previously been given withholding of removal orders except for deportation to the country. An array of Democrats, including Maryland Sen. Chris Van Hollen, and a group of Congressmen later — highlighted his case and flew to El Salvador to demand that he be returned to the US
The Trump administration ultimately encouraged his return to the United States at the beginning of June, but for the purpose of him facing human smuggling charges in Nashville.
In his claim to delay his release from criminal custody, Abrego Garcia’s lawyers called his charges “a fake criminal case” and accused federal prosecutors of making conflicting statements about whether he would banish him before the end of the criminal case.
Holmes gave harsh responsibilities over these statements, noting that the administration’s intentions to deport him were clear and that the accusations against him were strengthened by documented evidence.
“Given that the defendant was first deemed deportable in 2019, and a copy of the order was made into an exhibition of detention hearings by the defendant’s former lawyers — this is no surprise to the defense, and certainly not a surprise to this court,” Holmes wrote Friday.
“Criminal cases are not “fake” as the defense claims,” Holmes continued. “In fact, it is a product of a federal investigation. Video evidence Defendant smuggling illegal aliens on camera, and lying to law enforcement about his activities on camera. ”
Abrego Garcia was suspected of MS-13 Gangbanger and in addition to being accused of human smuggling, previously accused of domestic abuse by his wife.
“The United States argued in this court that the defendant was dangerous based on two statements of oath from his wife: that the US filing is true and intrusive.
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