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Judge denies motion to detain Kilmar Abrego Garcia, sets hearing on release

A federal magistrate judge in Tennessee has denied the government's motion to detain Kilmar Abrego Garcia, the man illegally deported to El Salvador in March, while the criminal charges against him are pending in federal court in Nashville. A hearing is scheduled for Wednesday, June 25 in Nashville. Abrego Garcia, 29, of Maryland, is accused of conspiracy to transport aliens and unlawful transportation of undocumented aliens. The court "will give Abrego the due process that he is guaranteed," U.S. Magistrate Barbara D. Holmes wrote in her June 22 decision. The U.S. Attorney's Office in Nashville, which is prosecuting the case, asked that Abrego Garcia be held in custody, arguing in an all day hearing June 13 that he is a danger to the community and a risk to leave the country. The defense, led by Federal Public Defender Dumaka Shabazz, argued the government's evidence — mostly the testimony of witnesses who are facing criminal charges or possible deportation — was not strong enough to meet the standard necessary for pre-trial detention. Despite the order from Holmes, Abrego will not likely be set free. Abrego Garcia has a hold placed on him with U.S. Immigration and Customs Enforcement. If he could not be held pre-trial, he would have been transferred to ICE custody. More: How a routine traffic stop in TN exploded into human smuggling charges for Kilmar Abrego Garcia Now, his attorneys may work to try to secure his release through an immigration bond, according to Jack Chin, a professor of immigration law and criminal procedure at the University of California Davis School of Law. The charges against Abrego Garcia were revealed when a federal indictment against him was unsealed June 6, the same day the U.S. flew him back from El Salvador. Abrego Garcia appeared in the Nashville courthouse that day, where he was read the charges against him. Have questions about the justice system? Evan Mealins is the justice reporter for The Tennessean. Contact him with questions, tips or story ideas at emealins@ This article originally appeared on Nashville Tennessean: Kilmar Abrego Garcia case: Judge denies motion to detain