Judge in Tennessee Rules That Kilmar Abrego Garcia Is Going Nowhere

If it is not for the serious nature of the crimes he is accused, one could almost be tempted to feel a little sorry for Kilmar Abrego Garcia, the national Salvador whose expulsion affair made him a famous cause. (Almost.) He could feel a bit like a ping-pong ball these days. And just when you think that his saga cannot become more dramatic, you need another turn inducing the boost.

The judge magistrate of Tennessee, Barbara Holmes, who, a week ago, rejected the government’s request in matters of pre -trial detention of Abrego as he awaits his trial for two counts (conspiracy in order to transport foreigners and the illegal transport of unrelated foreigners), has now made an order granting Abrego’s emergency request to delay the publication of a liberation order.

This is true: the same judge who ruled that Bessego should be released pending his criminal trial now agrees to keep him – at his own request.

Read more: The judge in case of criminal against Kilmar Abrego Garcia makes an astonishing decision concerning his detention

Is the honeymoon in the United States of Kilmar Abrego Garcia finished?

So how did we finish here? Let’s see if I can in summary this:

• In 2016 or around 2016, Abrego illegally entered the United States.
• In 2019, he received a referral order, but he then received a “restraint of referral”, which stipulated that, although he could be expelled, he could not be sent back to his country of origin of El Salvador.
• In March 2025, due to administrative surveillance, Abrego was withdrawn and sent back to Salvador, where he was hosted for a while in Cecot (a maximum security prison) before being transferred to a lower security center when he became political football in the United States.
• While the legal struggle on his Habeas / Expulsion affair raged before the district court of Maryland, then until the 4th Circuit Court of Appeals, and at the Supreme Court, there was another question in progress: it seems that Saint-Kilmar du Salvador d’El allegedly Part of a human smuggling company from 2016 until its detention and repatriation on the ice in Salvador – in May 2025, a large jury in the intermediate district of Tennessee rendered an indictment on the two charges of aforementioned crime.
• The government asked Abrego’s pre-trial detention in this case, but, as indicated above, judge Holmes rejected this request.
• However, when the government has hinted in the (still pending) procedure of Maryland which, if Abrego is released from the guard of American marshals in Tennessee, it would probably be picked up by ice and the withdrawal of revocation in a third country.
• This sent his criminal defense lawyers who folded down to the Tennessee court with an emergency request asking the court to delay the order of his release in order to warn that he is withdrawn from the country to a place like the South Sudan.

Thus, Judge Holmes therefore granted this emergency request. In his order of four pages, Holmes reasons:

The court examined the basis of the request, which is the conflicting posts received by the government as to whether it will expel Abrego pending the final provision of this case, including the more in -depth examination by the district judge of the request of the government of pre -trial detention. Essentially, Abrego seeks the regular procedure to which he has constitutionally entitled and statutory, namely whether the government can demonstrate the necessary demonstration under the law on the reform of the surety for its trial awaiting detention. The district judge recognized the importation of this decision into his notice of memorandum of June 25, 2025:

Although the court agrees with the premise that Greo will probably be held by the DHS, it deviates from the position of the government according to which the prosecution by the executive of Abrego on several fronts makes this academic procedure in a way. This renounces the basic principles of regular diligence and judicial diligence underlying article III.

(File n ° 55 to 15.) The Court also considered that the government, without conceding to the indicated base of the request, is not opposed to the limited repair requested by Abrego. (File n ° 66.) Because the government accepts the short delay in the issuance of a liberation order, as requested by Abrego, the court will postpone the issuance of the liberation order and the liberation conditions to allow the hearing scheduled for July 16, 2025 and the decision of the government’s district judge for the Revocation.

So, basically, the government said: “Oh, you prefer to stay in the care of the American marshals in Tennessee for the moment rather than the custody of the DHS then agreed” and the court granted Abrego this kind of stay. It will remain in Tennessee up to at least the audience of July 16 now. And, according to the court’s order, “he must, as far as possible, be held separately from pending or in purge of sentences or detainees awaiting waiting for waiting and he will have a reasonable opportunity for private consultation with the defense lawyer.”

There is no word yet to know if Senator Chris Van Hollen (D-MD) intends to visit his “constituent” for another cocktail when he expects other procedures.

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