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Justice Department Agrees to 30-Day Custody Stay for Kilmar Abrego Garcia

This stay provides time for judges to resolve bail conditions in Tennessee as a Maryland court readies a bid to prohibit further deportation.

Overview

  • On July 21, DOJ and Abrego Garcia’s attorneys agreed to keep him in federal criminal custody for 30 days, delaying ICE’s efforts to transfer him to immigration detention.
  • He remains detained in Tennessee facing a two-count human smuggling indictment with a trial scheduled for January 27, 2026.
  • Magistrate Judge Barbara Holmes ruled there is no legal basis for pretrial detention; District Judge Waverly D. Crenshaw Jr. is reviewing her release order.
  • A pending civil lawsuit in Maryland asks Judge Paula Xinis to bar any further removal and secure his return to Maryland under court supervision.
  • ICE enforcement officials have testified they plan to deport him to a third country once released, underscoring a clash between the administration’s removal agenda and judicial due process.