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Abrego Garcia Lawyers Request Delay in Release to Block Third-Country Deportation

They say conflicting Justice Department statements leave them unable to secure guarantees against a swift deportation

Mistakenly deported Maryland man Kilmar Abrego Garcia will be returned to the United States to face criminal charges, after the Trump administration said they had no intention of his return.
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This courtroom sketch depicts, from left, attorney Sean Hecker, Kilmar Abrego Garcia and attorney Rascoe Dean in court during Garcia's detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/Diego Fishburn)
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Overview

  • On June 27, attorneys filed an emergency motion asking a Tennessee court to delay his release pending trial on human smuggling charges
  • Defense counsel cited contradictory DOJ representations about plans to deport Abrego Garcia to a country other than El Salvador upon release
  • Magistrate Judge Barbara Holmes set strict conditions for pretrial release but kept him in custody as uncertainties remain over ICE actions
  • The attorneys have asked U.S. District Judge Paula Xinis to order Abrego Garcia’s transfer to Maryland to limit deportation risks
  • A hearing on the emergency request is scheduled for July 7 to resolve the conflict between criminal proceedings and removal plans