U.S. District Court Judge Waverly Crenshaw on Wednesday issued a ruling which denies the request by federal prosecutors to rescind the order by Magistrate Barbara Holmes denying their request for a detention hearing for Kilmar Abrego Garcia, who was deported by the Trump administration in March, but was returned last month to face federal human smuggling charges in Tennessee.
While Crenshaw denied prosecutors’ request to reconsider Holmes’ decision, he did not address the motion by Abrego Garcia’s defense attorneys, which was unopposed by the prosecutors. It requested the court leave the alleged human smuggler in DOJ custody for an additional 30 days, citing concern he could be deported by the Trump administration.
Crenshaw instead remanded the motion to Holmes, who on Wednesday granted her approval.
Holmes notably has not issued a formal ruling for Abrego Garcia to be released.
While she first indicated last month that she would produce a ruling containing potential conditions including anger counseling, the magistrate later agreed with Abrego Garcia’s request to stay her decision after his defense attorneys raised the possibility of deportation.
Without such a ruling, it remains unclear whether the 30-day custody extension begins following Holmes’ decision on Wednesday, or whether it will commence upon her ruling stating the conditions for Abrego Garcia to leave federal custody.
Because Abrego Garcia is subject to a final deportation order from 2019, it was generally anticipated that he would be detained by U.S. Immigration and Customs Enforcement (ICE), which would initiate a new round of deportation proceedings.
However, U.S. District Court Judge Paula Xinis on Wednesday issued a ruling that prohibits ICE from detaining Abrego Garcia immediately upon his release from Tennessee, but instead requires the agency to provide written notice to his attorneys 72 hours before any new deportation proceedings.
She also ruled that Abrego Garcia must be returned to the release conditions he was subject to prior to his March arrest, which would seemingly allow him to leave federal custody and return to Maryland once released from DOJ custody.
The Tennessee Star was the first outlet to report Abrego Garcia was stopped by Tennessee Highway Patrol (THP) in November 2022, and a THP spokesman later told The Star that troopers were instructed to release him by the “Biden-era FBI,” despite their suspicion he was engaged in human trafficking.
Abrego Garcia has pleaded not guilty to the human smuggling charges, and his trial is currently scheduled for January 27, 2026.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
