A federal judge on Monday allowed MS-13 gang member Kilmar Abrego Garcia to remain free through the holidays.
Judge Paula Xinis, an Obama appointee in Maryland, on Monday extended her Temporary Restraining Order (TRO).
Earlier this month, Xinis ordered the “immediate release” of Garcia, arguing that he has been detained without lawful authority.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Judge Xinis wrote.
“For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody,” the judge wrote.
Abrego Garcia was an illegal alien residing in Maryland when he was deported to his home country of El Salvador earlier this year and placed in the notorious CECOT prison, however, radical left-wing judges ordered him to be returned to the US.
The wife-beater and gang member was previously ordered deported by an immigration judge, but he was not to be sent to his home country of El Salvador. So the Trump Administration decided to potentially send him to Africa.
Abrego Garcia immediately put up a legal fight to stop his deportation.
“I fear persecution in Uganda on account of my race, nationality, political opinion, and membership in a particular social group. I also fear torture by or at the acquiescence of a public official in that country,” Abrego Garcia said over the summer.
Kilmar Abrego Garcia looked smug as he walked out of the federal courthouse in Greenbelt, Maryland, on Monday.
WATCH:
NEW: Kilmar Abrego Garcia walks out of his first court appearance in person in Greenbelt Maryland. Judge Paula Xinis will keep TRO in place blocking further detention for now. @fox5dc pic.twitter.com/3o4hvjGAHo
— Katie Barlow (@katieleebarlow) December 22, 2025
Judge Xinis is overseeing a civil habeas corpus case in Maryland brought by Abrego Garcia’s wife.
Abrego Garcia is fighting a separate federal criminal case in Tennessee after a grand jury indicted him on human trafficking charges.
Over the summer, a federal grand jury in Tennessee indicted Kilmar Abrego Garcia for “transporting undocumented migrants within the United States.”
He was charged with one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens.
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