The American Justice ordered on Wednesday (23) – in separate decisions – the release of the salvage Kilmar Ábargo García, who spent months in a prison in El Salvador after being sent there “by mistake,” and prevented immigration authorities to stop him immediately after his release.
As García was taken back to the US in June, amid a battle in which Donald Trump’s government dodged court orders that they asked to “facilitate” the return of the migrant.
Salvadoran, who has lived for more than a decade in Maryland with his wife and children, is currently detained in Nashville, Tennessee, where the government has taken him to face accusations for allegedly transporting illegal immigrants within the US.
Judge Waverly Crenshaw issued the order on Wednesday requesting the release of a disregard of criminal custody based on the fact that the government could not prove that it is a “danger to the community.”
A higher court qualified this decision and ordered the liberation to be postponed for another month, at the request of the lawyers of Abrego, who expressed concern about the government’s interest to quickly remove the US migrant.
At the same time, in Maryland, when Ábrico lived until US authorities detained him and sent him to the maximum security arrest Cecot, federal judge Paula Xinis issued another decision ordering the government to take home home and warned 72 hours in advance if he planned to deport him again.
In the request, Xinis was on the side of the lawyers of Abrego and said that “shares the concern” that the government can deport it “once again without due process.”
Immigration authorities have decided to send Ábrica to El Salvador in March, although he had a legal situation that protected him from deportation to his home country.
As García had lived in Maryland for over a decade and fled El Salvador because of extortion and threats he and his family received from the Barrio 18 gang, according to judicial documents presented by his defense.
The Trump government has claimed that Salvadoran is linked to the MS-13 gang and is linked to a trafficking network.
