'Conflicting positions': Judge delays Abrego Garcia's release from federal custody after lawyers cite Trump admin's 'contradictory statements' on deportation plans

A justice successful Tennessee connected Monday agreed to hold the merchandise of Kilmar Abrego Garcia from national custody arsenic helium faces migrant-smuggling charges successful the Volunteer State aft his lawyers cited the "perceived conflicting positions" they accidental are being taken by the Trump medication implicit whether it volition erstwhile again deport the Maryland father.

Abrego Garcia's lawyers had asked U.S. Magistrate Judge Barbara D. Holmes on Friday to "delay the issuance of the merchandise order" until a July 16 hearing, erstwhile arguments volition beryllium presented connected a authorities question for revocation of a anterior merchandise bid that Holmes had granted.

The attorneys accused the Trump medication of making "contradictory statements" successful regards to whether it intends to region Abrego Garcia to a "third country" — nations with nary ties to the idiosyncratic that's being sent determination — upon his instrumentality to DHS custody pursuing his merchandise successful the Tennessee case. The DOJ didn't instrumentality agelong to respond, writing it "does not oppose" a hold successful the merchandise bid due to the fact that it "intends to spot this lawsuit to resolution," but that DHS "will and indispensable travel their ain process."

"The tribunal has considered the ground for the motion, which is the perceived conflicting positions taken by the authorities regarding whether it volition deport Abrego pending last disposition of this lawsuit including the further reappraisal by the District Judge of the government's petition for pretrial detention," Holmes explained successful a four-page order Monday. "Essentially, Abrego seeks the owed process to which helium is constitutionally and statutorily entitled, namely whether the authorities tin marque the indispensable showing nether the Bail Reform Act for his detention pending trial."

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Abrego Garcia, who was mistakenly deported successful March to a notorious enactment situation successful El Salvador without owed process, has pleaded not blameworthy to the national charges successful Tennessee, with his attorneys calling the lawsuit against him a "farce."

The 29-year-old was transported backmost to the U.S. connected June 6 to look the caller charges aft the Trump medication claimed for months that the government had its hands tied and couldn't bash thing to get him back.

His attorneys accused Homeland Security and DOJ officials of defying a national justice and the U.S. Supreme Court by refusing to supply immoderate accusation regarding what was being done to "facilitate" his return.

A DOJ lawyer admitted successful court that Abrego Garcia was wrongly deported owed to an "administrative error," but the authorities inactive took nary contiguous action. It wasn't until a national expansive assemblage successful Tennessee indicted Abrego Garcia past period that helium was brought back.

Abrego Garcia's indictment alleges that from 2016 to 2025, helium "conspired to bring undocumented aliens to the United States from countries specified arsenic Guatemala, El Salvador, Honduras, Ecuador, and elsewhere, yet passing done Mexico earlier crossing into Texas." Abrego Garcia and respective different alleged coconspirators are accused of transporting "thousands of undocumented aliens into the U.S., "many of whom" were allegedly members of the MS-13 gang. The charges are related to a postulation halt during which helium was allegedly caught driving 9 "Hispanic males" who lacked "identification" successful his Chevrolet Suburban.

The authorities has argued that Abrego Garcia should stay successful the custody of the national situation system, claiming helium is simply a formation hazard and a information to the community, and that he needs to beryllium kept nether supervision due to the fact that ICE agents program to deport him.

Abrego Garcia's lawyers precocious presented a 3rd option: a tribunal bid requiring him to beryllium sent backmost to Maryland and barring ICE from taking him into custody.

Holmes said Monday that "because the authorities agrees to the abbreviated hold successful issuance of a merchandise order," she didn't spot a occupation with postponing things.

"Abrego Garcia shall truthful stay successful the custody of the United States Marshal pending further order," Holmes said. "He shall, to the grade practicable, beryllium held separately from persons awaiting oregon serving sentences oregon being held successful custody pending entreaty and helium shall beryllium afforded a tenable accidental for backstage consultation with defence counsel."