(NEW YORK) — A federal judge in Tennessee will hear arguments Thursday over whether the government is being vindictive in pursuing a human smuggling case against Kilmar Abrego Garcia.
The hearing comes after the judge, Waverly Crenshaw Jr., canceled the trial in the case in December and wrote in a court order that there was enough evidence to hold a hearing on the question of vindictive prosecution.
The government is currently blocked from deporting Abrego Garcia, who was released from immigration detention in December. In a separate case last week, a federal judge ruled that Immigration and Customs Enforcement cannot re-detain him because his 90-day detention period had expired and the government lacked a viable plan for his deportation.
The Salvadoran native, who had been living in Maryland with his wife and children, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution. The Trump administration claimed he was a member of the criminal gang MS-13, which he and his attorneys deny.
He was brought back to the U.S. in June to face human smuggling charges in Tennessee, to which he pleaded not guilty.
After being released into the custody of his brother in Maryland pending trial, he was again detained by immigration authorities before being released in December.
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