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.
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The Herald Scotland
an hour ago
- The Herald Scotland
Kilmar Abrego Garcia case: Judge denies detention request
Abrego Garcia was thrust into the national spotlight when the Trump administration mistakenly deported him to El Salvador in March in violation of a court order. Abrego Garcia, a sheet metal worker and father of three who had lived in Maryland for a decade before he was deported, has pleaded not guilty to charges he transported undocumented immigrants for financial gain. Prosecutors had argued that Abrego Garcia is a member of the violent gang MS-13 and could flee or intimidate other witnesses if he is released while awaiting trial. Abrego Garcia denies he is a member of the gang and had contended that the charges don't justify holding him in jail. Abrego Garcia's deportation in March turned him into a key player in the debate over Trump's hardline immigration policy. Government lawyers acknowledged in court records that he had been erroneously deported - an "administrative error" was the official explanation - even though an immigration judge's court order had barred his deportation back to native land. A federal judge in Maryland ordered the administration to facilitate his return. The Supreme Court upheld that ruling, but officials resisted bringing him back until he was indicted in May. The human smuggling charges are tied to a traffic stop in Tennessee in 2022. Police say Abrego Garcia was driving a Chevrolet Suburban with nine other passengers when he was pulled over for speeding on Interstate 40 about 80 miles east of Nashville. Police questioned Abrego Garcia and his passengers but let them go without filing any charges. A federal grand jury in Nashville indicted Abrego Garcia on the human smuggling charges on May 21 while he was still being held in a prison in El Salvador. The indictment alleges that, from 2016 through 2025, Abrego Garcia and other unnamed people conspired to bring undocumented migrants into the United States from Guatemala, El Salvador, Honduras, Ecuador and elsewhere, passing through Mexico before crossing into Texas. Who is Kilmar Abrego Garcia? The answer is found on the streets where he lived and worked Prosecutors say Abrego Garcia's role in the conspiracy was typically transporting people once they were within the United States, typically picking them up in the Houston area. If convicted, Abrego Garcia could face up to 10 years in prison for each person transported. Prosecutors allege he made more than 100 trips. Following his indictment, the Trump administration flew Abrego Garcia back to the United States to face the charges even though it had insisted for weeks that it had no authority to bring him back. Follow Michael Collins on X @mcollinsNEWS.
NBC News
7 hours ago
- 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.
Daily Mail
a day ago
- Daily Mail
Soccer coach admits drugging and raping young boys... after leaving sick evidence in plain sight
A Tennessee youth soccer coach admitted to drugging and raping young boys after disturbing sexually explicit content involving minors was discovered on his cell phone after he left it behind at a restaurant. Camilo Campos-Hurtado, 65, pleaded guilty to four counts of sexual exploitation of a minor and one count of receiving visual depictions of minors engaged in sexually explicit conduct on Tuesday, according to the US Attorney's Office for the Middle District of Tennessee. The egregious content came to light in 2023 when Campos-Hurtado lost his phone. While trying to identify the owner, staff members discovered 'dozens of unconscionable videos and pictures of children,' and immediately called police, McClatchy News reported. Investigators discovered a cell phone and several other electronic devices, belonging to Campos-Hurtado, which had hundreds of images of child sexual abuse material that he received, downloaded and produced between 2017 and 2021. The countless photos and videos showed the Franklin-native sexually assaulting unconscious boys ranging from 9 to 17 years old, according to the Department of Justice. Investigators later learned that Campos-Hurtado would recruit players from school playgrounds to play for his soccer team. 'After gaining their trust, Campos invited many of the kids to his home where he drugged and then raped them,' police stated, adding that some victims may not even be aware of what transpired. While investigators identified at least 10 victims, Campos-Hurtado pleaded guilty to the aforementioned five counts. According to an indictment, Campos-Hurtado's abuse dates back to 2013. In addition to the sexual exploitation charges, search warrants revealed fake IDs and immigration documents, including three counterfeit social security cards, two fake legal permanent resident cards and a fraudulent resident alien card. Campos-Hurtado, who prosecutors say lacks legal status in the US, was also charged with using or possessing fraudulent immigration documents and possessing a stolen or unlawfully produced identification document. 'Campos preyed on children in our community for years, using his position to gain the trust of his victims only to betray them by sexually abusing them,' Robert McGuire, Acting United States Attorney for the Middle District of Tennessee, said. 'Protecting children in our community and holding child sex offenders to maximum accountability is among the highest priorities of our office and of the Department of Justice. At sentencing, we will seek to guarantee that Campos does not have any chance to hurt another child.' Campos-Hurtado pleaded guilty to all seven charges he was indicted on and is scheduled for sentencing on October 29. He faces a mandatory minimum of 15 years in prison, after which he will be deported to Mexico, according to the US Attorney's Office. Campos-Hurtado's hometown of Franklin is about a 20-mile drive south from downtown Nashville.
