NASHVILLE, Tenn. (WKRN) — A U.S. magistrate judge's denial of the motion to detain Kilmar Abrego Garcia could put the man on the fast-track for deportation — again.

In March, Abrego was mistakenly deported to a prison in El Salvador. He was brought back to the U.S. this month to face charges of human smuggling. Among other charges, he’s accused of conspiring to bring undocumented migrants to the U.S. from around 2016 to 2025.

Despite Sunday's ruling, Abrego will still remain in federal custody due to his immigration status.

In 2022, the Tennessee Highway Patrol pulled over Abrego for speeding along Interstate 40 near Cookeville. At the time, the Department of Homeland Security "opted not to respond to the scene." The delay in pursuing any charges against him is one of many reasons his case has captivated the country.

“It’s not normal — in terms of immigration law or court law — to have an individual’s past come up like this because they just don’t have the personnel," Terry Olsen, an immigration lawyer with Olsen Law Firm said. "They don’t have the reason to do so."

Olsen said he believes Abrego will be deported by Immigration and Customs Enforcement and never actually stand trial.  

“I think what they did was use this court case knowing that he would not be detained here and not serve time in the U.S. The point was to get more information on the record to have him removed,” said Olsen.

Olsen called the case “elevated theater” that he believes was done to fulfill and enhance the country’s aggressive immigration policies under President Donald Trump. 

“The more that the court system tries to stop it, or Congress, or some other way, this administration said this time they are going to go all the way," Olsen said. "They have a mandate."

In her filing denying the federal government's motion for detention, Magistrate Judge Barbara Holmes said the prosecution failed to demonstrate reliable or recent evidence showing he was a danger to his community or a flight risk. Olsen believes Holmes' decision in this detention hearing will be used as the framework for future cases like Abrego's.

A hearing has been set for Wednesday to decide the parameters of Abrego's release. The expectation remains that he will be handed over to ICE.

News Source : https://www.wkrn.com/news/local-news/nashville/whats-next-kilmar-abrego-garcia/