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A federal judge has ruled the immediate discharge of Kilmar Abrego Garcia from immigration custody, concluding his ongoing detainment is without lawful basis.

"Since his return from erroneous detention in El Salvador, he has been taken back into custody, again without legal justification," Judge Paula Xinis wrote in her order.

The case originates in a mistaken deportation to El Salvador earlier this year, which US authorities later acknowledged was an error. Following his repatriation to the United States to face alien smuggling allegations, he was detained in immigration custody.

In her order, the court pointed out that the authorities does not have a valid deportation order, which effectively blocks them from deporting Mr. Abrego Garcia "at this time."

Context of the Case

The legal proceedings involve conflicting assertions. Whereas the former administration contends that Abrego Garcia is a affiliate of the MS-13 gang, he vehemently disputes this claim.

He has also entered a not guilty plea to the smuggling counts, which are part of a separate trial in Tennessee.

Conditions of Freedom

The judge, who was overseeing his petition to deportation in a Maryland district court, ruled that he must now adhere to the conditions of his release from jail in Tennessee. This order effectively transfers his supervision to the jurisdiction handling his criminal case.

This decision represents a notable development in a complicated legal case featuring claims of mistaken imprisonment and contested gang affiliations.