“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority.”
A Maryland federal judge has ordered that Kilmar Abrego Garcia, a Salvadoran illegal immigrant believed to be a member of the violent MS-13 gang, be released from federal custody immediately.
Judge Paula Xinis wrote, "Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority. For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody."
She wrote that the "absence of a removal order raises an intractable problem for Respondents. They took Abrego Garcia into ICE custody with the singular purpose of removing him to a third country pursuant to 8 U.S.C. § 1231."
"Section 1231, however, only permits such third-country removal proceedings upon the issuance of a final order of removal. Entitled 'Detention and removal of [noncitizens] ordered removed,’ 8 U.S.C. § 1231 authorizes detention after the noncitizen 'is ordered removed' and enters the 'removal period.’"
She later added that the government has not "articulated any other basis to hold Abrego Garcia apart from § 1231. Accordingly, because Respondents continue to detain Abrego Garcia solely for the purpose of effectuating third-country removal under § 1231 but lack any authority to effectuate such removal absent a removal order, his continued detention must end."
Garcia was deported from the US to El Salvador in March, but was returned to the US to face human smuggling charges in Tennessee. He was released from custody in Tennessee in August, and was taken back into custody days later in Baltimore during a check-in with ICE in the city.
This is a breaking story. Please refresh the page for updates.
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