NASHVILLE, Tenn. (WKRN) — A magistrate judge has denied the U.S. government's motion to detain a man who was mistakenly deported to El Salvador.

Kilmar Abrego Garcia, 29, had been deported to a prison in El Salvador in March and was brought back to the U.S. to face charges of human smuggling. He’s accused of conspiring to bring undocumented migrants to the U.S. from around 2016 to 2025. He has pleaded not guilty to all charges.

On June 13, a federal judge heard arguments in a federal detention hearing, but had opted to take the case "under advisement." In a Sunday ruling, U.S. Magistrate Judge denied the U.S.' motion to detain Abrego, adding that a separate order will enter directing his release on conditions.

"Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial," the filing reads, in part. "The Court will give Abrego the due process that he is guaranteed."

In the introduction, the filing noted "that Abrego will remain in custody regardless of the outcome of the issues raised in the government’s motion for detention," which "suggests the Court’s determination of the detention issues is little more than an academic exercise."

News 2 has reached out to a representative at the Department of Homeland Security for comment.

News Source : https://www.wkrn.com/news/tennessee-news/motion-to-detain-kilmar-abrego-garcia-denied/