Decision On Illegal Alien Kilmar Abrego Garcia’s Pretrial Release Deferred Again

Decision On Illegal Alien Kilmar Abrego Garcia’s Pretrial Release Deferred Again

Decision On Illegal Alien Kilmar Abrego Garcia’s Pretrial Release Deferred Again

Image Credit: ICE & Canva

The Tennessee Conservative [By Olivia Lupia] –

A highly anticipated decision on Salvadoran national Kilmar Abrego Garcia’s custody status has once again been delayed as a Nashville federal judge declined to rule on his pretrial release after hearing from both the government and Garcia’s defense at a hearing on Wednesday.

 

U.S. District Court Judge Waverly Crenshaw, Jr., an Obama appointee, decided to keep Garcia in federal custody for another few days while he contemplates arguments from the Department of Justice (DOJ) that Garcia is a public danger and should not qualify for release under bond. 

The DOJ has maintained that Garcia, a suspected human smuggler and MS-13 gang member, would be a flight risk and danger to the community should he be granted pretrial release, arguments that were disregarded by Magistrate Barbara Holmes last month when she began setting release conditions

But Garcia remained in jail because his attorneys requested to keep him there once the Department of Homeland Security (DHS) announced that Garcia would immediately be remanded into ICE custody and likely deported to a third country upon release, potentially even before his trial begins.

The defense team has continuously said they fear Garcia would be “gone in a blink and never to be heard from again”, arguing he needs “protection from the government” which may quickly deport him, violating “due process and rule of law”.

They have also contended he experienced “physical and psychological torture” while in the El Salvadoran CECOT prison and could be subject to the same treatment in an unknown third country.

Wednesday’s hearing before Crenshaw was an appeal by the prosecution to overrule Holmes’ release order, but the judge seemed inclined to agree with Holmes’ initial ruling.

He reportedly seemed skeptical of the government’s arguments about community endangerment, mainly refuting the DOJ’s insistence of Garcia’s membership in MS-13. Crenshaw noted there is a high bar in federal court that evidence be “clear and convincing” to warrant pretrial detention.

“The proof on MS-13 in and of itself does not meet ‘clear and convincing,” Crenshaw said. 

He also suggested problems with the government’s reliance on three cooperating witnesses who are related, which he noted raised the possibility they’d coordinated their testimonies.

Last week, the defense also petitioned Maryland Judge Paula Xinis to issue a temporary restraining order which would prevent DHS from deporting Garcia to a third country without “proper notice” of 72 hours and an opportunity to challenge the removal.

The order would also grant the attorneys’ request that Garcia immediately be removed from Tennessee but would keep him at a detention center near Maryland until the lawsuit regarding his deportation under a final order of removal proceeds.

Xinis, another Obama appointee, had expressed intention to issue a decision on the restraining order before Wednesday’s hearing but has yet to do so.

Judge Crenshaw said he anticipates making a decision on the pretrial release on Monday of next week and has set a trial date for the human smuggling case to begin January 27, 2026.

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.

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One Response

  1. Lucifer’s dimmercrap ‘judges” and their beloved criminals are endangering our Republic.

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