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From Fox News: A federal judge in Tennessee has denied the government’s request to hold Kilmar Abrego Garcia in continued detention while his criminal case proceeds.
Abrego Garcia is a Salvadorian migrant who was erroneously deported to El Salvador before being returned to the U.S. to face federal prosecution on charges of trafficking undocumented migrants and conspiring with others to do so.
U.S. Magistrate Judge Barbara Holmes denied the government’s request to hold Abrego Garcia, though he will remain in custody until at least a hearing that has been scheduled to determine conditions of release, which the government can, and will likely, appeal.
Abrego Garcia appeared at his arraignment and hearing on the government’s detention on June 13. According to the judge’s decision on Sunday, “the sole circumstance about which the government and Abrego [Garcia] may agree in this case is the likelihood that Abrego [Garcia] will remain in custody regardless of the outcome of the issues raised in the government’s motion for detention.”
“Either Abrego will remain in the custody of the Attorney General or her designee pending trial if detained under the Bail Reform Act or he will likely remain in U.S. Immigrations and Customs Enforcement (ICE) custody subject to anticipated removal proceedings that are outside the jurisdiction of this court,” the judge wrote.
Holmes also ruled that “the government failed to prove that Abrego Garcia poses an irremediable danger to the community,” the report states.
Despite all the legal hoops, it Abrego Garcia is not likely to actually be set free. The report explains that even if he is to be released, ICE will arrest and detain him immediately via civil immigration process, separately from the criminal case.
In ruling that she will order his release soon, Judge Holmes expressed doubt that Kilmar Abrego Garcia is a member of MS-13.
He has no criminal history, and the claim is “contradicted” by the government’s evidence, she wrote.
Full story. https://t.co/tGcpVmjb9j pic.twitter.com/Z9w7gwLWKP
— Adam Klasfeld (@KlasfeldReports) June 23, 2025
So, a criminal illegal alien MS-13 gang member gets to roam free in our country because Activist Judge Barbara Holmes says so?
Give me a break. Outrageous! pic.twitter.com/bfeBvvWbw9
— KK Berd 🇺🇸 (@keny_berd) June 22, 2025
Federal magistrate judge denies request to keep alleged MS-13 gang member Kilmar Abrego Garcia in custody, FOX News’ @BretBaier reports. pic.twitter.com/RTQDmH3DYT
— Fox News (@FoxNews) June 23, 2025
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