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Judge Orders Immediate Release of Kilmar Abrego Garcia From ICE Custody

The judge found ICE lacked a valid removal order, rendering his continued detention unlawful.

Overview

  • U.S. District Judge Paula Xinis ruled that no final removal order exists for Abrego Garcia and directed ICE to report the time and location of his release to the court by 5 p.m. ET Thursday.
  • The opinion cited shifting third‑country plans — including Uganda, Eswatini, Ghana, and Liberia — as evidence there is no significant likelihood of removal soon, while noting Costa Rica’s standing offer to receive him.
  • The Department of Homeland Security condemned the ruling and said it will fight it in court, and the Justice Department can seek an immediate stay on appeal.
  • Upon release from the Pennsylvania detention center, Abrego Garcia returns to strict pretrial supervision in his Tennessee human‑smuggling case, where he has pleaded not guilty and is pursuing a dismissal for alleged vindictive prosecution.
  • The case follows his wrongful March deportation to El Salvador despite a 2019 withholding‑of‑removal order and his court‑ordered return to the United States this summer.