Latest news with #BailReformAct
Yahoo
10 hours ago
- Politics
- Yahoo
Government files appeal after Kilmar Abrego Garcia ordered released by federal judge
The government on Sunday appealed a federal judge's order to release of Kilmar Abrego Garcia pending trial on human smuggling charges, another chapter in the saga of the Maryland father who had been erroneously deported to El Salvador. The Trump administration admitted having mistakenly deported Abrego Garcia in March, and the Supreme Court ordered it to facilitate his return. Upon his return this month, though, Abrego Garcia was hit with federal charges of conspiracy to unlawfully transport illegal immigrants for financial gain and unlawful transportation of illegal immigrants for monetary gain. He pleaded not guilty. 'Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial,' U.S. Magistrate Barbara D. Holmes of the Middle District of Tennessee wrote in her opinion Sunday. 'The Court will give Abrego the due process that he is guaranteed.' The government quickly filed a request to stay the order and keep Abrego Garcia in custody, a filing that made it clear it would again subject him to deportation proceedings. The government argued that a stay, or pause, would allow the court 'to conduct meaningful review' of custody ahead of the judge's ruling on a separate court filing. 'He will remain in custody pending deportation and Judge Holmes' release order would not immediately release him to the community under any circumstance,' Justice Department lawyers said in request for a stay Sunday. In concluding Abrego Garcia should be released pending trial, with certain conditions, Holmes faulted the government for its language surrounding the case and indicated he has been so far denied ordinary due process that might come to any defendant. She noted that government lawyers have used the terms "human smuggling" and "human trafficking" interchangeably, though the former refers to helping someone willfully enter a country, while the latter refers to bringing someone to a country against their will. She also noted that the government accused Abrego Garcia of being "involved" in transporting a minor as part of the alleged smuggling — without solid and specific evidence of such. Holmes set a hearing for Wednesday to discuss terms of Abrego Garcia's release and ordered federal authorities to produce him for the event. She held out little hope that Abrego Garcia would actually be free, however, noting that immigration authorities were likely to detain him upon release because he is alleged to be in the United States without permission. "Either Abrego will remain in the custody of the Attorney General or her designee pending trial if detained under the Bail Reform Act or he will likely remain in U.S. Immigration and Customs Enforcement ('ICE') custody subject to anticipated removal proceedings that are outside the jurisdiction of this Court," she wrote in her decision. "That suggests the Court's determination of the detention issues is little more than an academic exercise," Holmes said. This article was originally published on
Yahoo
10 hours ago
- Politics
- Yahoo
Federal judge denies detention for alleged MS-13 gang member Kilmar Abrego Garcia
A federal judge in Tennessee has denied the government's request to hold Kilmar Abrego Garcia in continued detention while his criminal case proceeds. Abrego Garcia is a Salvadorian migrant who was erroneously deported to El Salvador before being returned to the U.S. to face federal prosecution on charges of trafficking undocumented migrants and conspiring with others to do so. U.S. Magistrate Judge Barbara Holmes denied the government's request to hold Abrego Garcia, though he will remain in custody until at least a hearing that has been scheduled to determine conditions of release, which the government can, and will likely, appeal. Abrego Garcia appeared at his arraignment and hearing on the government's detention on June 13. According to the judge's decision on Sunday, "the sole circumstance about which the government and Abrego [Garcia] may agree in this case is the likelihood that Abrego [Garcia] will remain in custody regardless of the outcome of the issues raised in the government's motion for detention." Returned Illegal Abrego Garcia Pleads Not Guilty; Judge Yet To Rule On Pretrial Custody Holmes said in her decision that the court found no detention hearing is authorized under the Bail Reform Act because the government failed to prove the case involved a minor and that Abrego Garcia is considered a flight risk. Read On The Fox News App Additionally, the court found that after considering several factors, the government failed to prove that Abrego Garcia poses an irremediable danger to the community. Returned Salvadoran Migrant Kilmar Abrego Garcia Arraigned On Federal Human Trafficking Charges In Tennessee Still, even if Abrego Garcia is to be released, ICE will arrest and detain him immediately via civil immigration process, separately from the criminal case. The criminal case against Abrego Garcia, an alleged MS-13 member, comes after a high-profile, protracted legal fight over his deportation and the Trump administration's efforts to delay his return to the U.S., even after the Supreme Court ordered the administration to "facilitate" his release earlier this year. The indictment alleges that Abrego Garica was part of a smuggling ring that helped bring immigrants to the U.S. illegally and smuggle them across the country. According to the indictment, Abrego Garcia and his co-conspirators made at least 100 trips between Texas and Maryland between 2016 and 2025, when he was deported. Federal Judge Hammers Doj On Whereabouts Of Alleged Ms-13 Gang Member Following Scotus Order Special Agent Peter T. Joseph told prosecutors on June 13 that he was first assigned to Abrego Garcia's case in April 2025, when he was still detained in El Salvador. Since then, Joseph said, he has reviewed footage from Abrego Garcia's 2022 traffic stop, which has emerged as the basis of the human smuggling charges. At the time, Joseph told prosecutors, Abrego Garcia had been driving a vehicle with nine passengers and was pulled over while driving from St. Louis to Maryland with an expired license. Six of the nine passengers in the vehicle have since been identified as being in the U.S. illegally, Joseph said, adding that one passenger in the van told officers that he was born in 2007, which would have made him just 15 at the time. Abrego Garcia's legal team has vehemently disputed his alleged status as an MS-13 member. Abrego Garcia pleaded not guilty to the smuggling charges. His case has become a national flashpoint in the broader fight over Trump's hard-line immigration policies in his second White House term. Fox News Digital's Breanne Deppisch contributed to this article source: Federal judge denies detention for alleged MS-13 gang member Kilmar Abrego Garcia
NBC News
15 hours ago
- Politics
- NBC News
Government files appeal after Kilmar Abrego Garcia ordered released by federal judge
The government on Sunday appealed a federal judge's order to release of Kilmar Abrego Garcia pending trial on human smuggling charges, another chapter in the saga of the Maryland father who had who had been erroneously deported to El Salvador. The administration of President Donald Trump admitted mistakenly deporting Abrego Garcia in March, and the U.S. Supreme Court ordered it to facilitate his return. Upon his return earlier this month, though, Abrego Garcia was hit with federal charges of conspiracy to unlawfully transport illegal immigrants for financial gain and unlawful transportation of illegal immigrants for monetary gain. He pleaded not guilty. 'Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial,' U.S. Magistrate Barbara D. Holmes of the Middle District of Tennessee wrote in her opinion on Sunday. 'The Court will give Abrego the due process that he is guaranteed.' The government quickly filed a request to stay the order and keep Abrego Garcia in custody, a filing that made clear it would again subject him to deportation proceedings. The government argued that a stay, or pause, would allow the court 'to conduct meaningful review' of custody ahead of the judge's ruling on a separate court filing. 'He will remain in custody pending deportation and Judge Holmes' release order would not immediately release him to the community under any circumstance,' Department of Justice lawyers said in request for a stay on Sunday. In concluding Abrego Garcia should be released pending trial, with certain conditions, Holmes had faulted the government for its language surrounding the case and indicated the man has been so far denied ordinary due process that might come to any defendant. She noted that government lawyers have used the terms "human smuggling" and "human trafficking" interchangeably, though the former refers to helping someone willfully enter a country while the latter refers to bringing someone to a country against their will. She also noted that the government accused Abrego Garcia of being "involved" in transporting a minor as part of the his alleged smuggling — without solid and specific evidence of such. Holmes set a hearing for Wednesday to discuss terms of Abrego Garcia's release and ordered federal authorities to produce him for the event. The judge held little hope that the defendant would actually be free, however, noting that immigration authorities were likely to detain him upon release because he's allegedly in the United States without permission. "Either Abrego will remain in the custody of the Attorney General or her designee pending trial if detained under the Bail Reform Act or he will likely remain in U.S. Immigration and Customs Enforcement ('ICE') custody subject to anticipated removal proceedings that are outside the jurisdiction of this Court," she wrote in her decision.
