Overview
- Judge Waverly D. Crenshaw Jr. ordered Kilmar Ábrego García’s release on bond after finding prosecutors failed to show he posed a public safety risk or flight risk
- Judge Paula Xinis barred ICE from immediately detaining Ábrego García upon his release and required the government to give three business days’ notice before seeking his deportation
- Both judges highlighted the absence of tattoos, verified contacts with MS-13 members and any record of organized criminal activity to support gang-affiliation claims
- Ábrego García was deported to El Salvador in March despite a 2019 federal court ruling that he faced a serious risk of gang-related persecution if returned
- Human rights groups say the decisions underscore growing judicial oversight over immigration enforcement and curb the use of criminal charges to keep migrants detained pending removal