Judge delays detention decision for Kilmar Abrego Garcia
NASHVILLE, Tenn. (WKRN) — Following a detention hearing that lasted over six hours, a federal judge decided not to make a decision in the detention hearing of 29-year-old Kilmar Abrego Garcia.
Magistrate Judge Barbara Holmes told the court late Friday afternoon that she would 'take [the case] under advisement' and make a decision 'sooner rather than later.'
As both Holmes and the prosecution detailed on Friday, regardless of the ruling, Abrego would remain in some form of federal custody; given his immigration status, the prosecution said he would be given to Immigrations and Customs Enforcement if Holmes orders his release.
'Bring Kilmar home': Protesters gathered outside Nashville federal court for Kilmar Abrego Garcia
Abrego was mistakenly deported to El Salvador in March due to an 'administrative error.' He was brought back into the U.S. last week to face charges of human smuggling. He's accused of conspiring to bring undocumented migrants to the U.S. from around 2016 to 2025.
Abrego has pleaded not guilty to all charges.
On Friday, the prosecution, led by Acting United States Attorney for the Middle District of Tennessee, Rob McGuire, laid out their case for why they feel Abrego is both a flight risk and a danger to the community, and therefore must remain detained until his trial.
The prosecution's case revolves around the testimonies of five co-conspirators, all of whom have connections to Abrego and agreed to testify in exchange for leniency in their own criminal cases and to avoid deportation.
McGuire spoke on Abrego's alleged treatment of minors during his smuggling operations, and the fact that his wife had issued two previous orders of protection against him in 2020 and 2021, due to his 'domineering, intimidating and violent' nature.
Only one witness took the stand on Friday: Homeland Security Special Agent, Peter Joseph, who was called up by the prosecution.
Meanwhile, the defense, led by Assistant Federal Public Defender Will Allensworth, focused their time on poking holes in the prosecution's evidence and claims against Abrego's character.
Chief among them was the fact that Special Agent Joseph admitted to not being present for portions of the interviews with the informants, making his words second-hand and 'hearsay.'
The defense concluded by calling the evidence presented by the prosecution 'minimalistic' and highlighted Abrego's lack of a prior criminal record.
Wife of Kilmar Abrego Garcia spoke before hearing
They added that he had cooperated with law enforcement since the beginning and had no reason to flee given his family lives in the United States.
If found guilty, Abrego could face 10 years in prison for each migrant he smuggled.
He will remain in the custody of the U.S. Marshals until Judge Holmes reaches a decision on his detainment.
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