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A court has ordered the immediate release of Kilmar Abrego Garcia from detention by ICE, finding his ongoing confinement lacks lawful basis.

"Since Abrego Garcia's release after erroneous detention in El Salvador, he has been re-detained, again without lawful authority," the judge stated in her ruling.

The case stems from a erroneous removal to El Salvador earlier this year, which US authorities later admitted was an error. After his repatriation to the United States to face human smuggling allegations, he was detained in federal detention.

In her order, the judge noted that the authorities does not have a valid removal order, which effectively blocks them from removing Mr. Abrego Garcia "for now."

Context of the Legal Challenge

The legal challenge center on disputed assertions. Whereas the Trump administration contends that Abrego Garcia is a affiliate of the MS-13 criminal organization, he vehemently denies this allegation.

He has also entered a not guilty plea to the smuggling counts, which are part of a ongoing trial in the state of Tennessee.

Terms of Freedom

The judge, who was hearing his petition to removal in a federal court, ruled that he must now comply with the terms of his bond from jail in Tennessee. This decision effectively transfers his supervision to the jurisdiction handling his criminal case.

This decision represents a significant turn in a complicated immigration battle featuring claims of wrongful detention and disputed gang affiliations.