Wed Jun 25 15:50:00 UTC 2025: ## News Article: Man Mistakenly Deported to El Salvador Faces Likely ICE Custody Despite Court Release Order

**NASHVILLE, TN -** Kilmar Abrego Garcia, who was wrongfully deported to El Salvador earlier this year, is scheduled to appear in a Tennessee court on Wednesday for a hearing regarding his release conditions on human smuggling charges. Despite a magistrate judge ordering that he should not be detained while awaiting trial, Abrego Garcia is expected to be taken into custody by U.S. Immigration and Customs Enforcement (ICE).

The case has drawn attention due to Abrego Garcia’s controversial deportation in March, where he was sent to El Salvador’s CECOT mega-prison despite a 2019 court order preventing his deportation based on fears of persecution. The Trump administration had claimed Abrego Garcia was a member of the MS-13 gang, allegations his family and attorneys vehemently deny.

After initially claiming logistical difficulties, the government returned Abrego Garcia to the U.S. earlier this month to face charges of allegedly transporting undocumented migrants within the U.S. He has pleaded not guilty.

On Sunday, U.S. Magistrate Judge Barbara Holmes acknowledged the likely ICE detention, citing an existing immigration detainer. However, she stated the government failed to demonstrate a significant risk of flight or obstruction of justice on Abrego Garcia’s part.

In a detailed 51-page ruling, Judge Holmes also questioned the government’s evidence presented during a June 13th hearing. She characterized much of the evidence as “double hearsay” from two cooperating witnesses and highlighted inconsistencies in their statements regarding Abrego Garcia’s alleged MS-13 affiliation. Notably, one witness claimed no visible signs, such as tattoos, indicated gang membership.

Furthermore, Judge Holmes pointed out the lack of a criminal history, which she considered unusual given the government’s claims of Abrego Garcia being a “longtime, well-known member of MS-13.” The cooperating witnesses accused Abrego Garcia of drug and firearms trafficking, as well as abusing women and minors he allegedly transported.

While the hearing will address the conditions of his release on the human smuggling charges, the overriding presence of the ICE detainer casts a shadow over Abrego Garcia’s potential freedom and the future of his legal battle.

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