Latest news with #JudgeHolmes
CBS News
23-06-2025
- Politics
- CBS News
Judge orders Kilmar Abrego Garcia's release before trial, but he will likely be detained by ICE
A Tennessee judge on Sunday ordered the release of Kilmar Abrego Garcia, whose mistaken deportation has become a flashpoint in President Trump's immigration crackdown, while he awaits a federal trial on human smuggling charges. But he is not expected to be allowed to go free. At his June 13 detention hearing, prosecutors said U.S. Immigration and Customs Enforcement would take Abrego Garcia into custody if he were released on the criminal charges, and he could be deported before he has a chance to stand trial. U.S. Magistrate Judge Barbara Holmes has scheduled a hearing for Wednesday to discuss the conditions of Abrego Garcia's release. The U.S. government has already filed a motion to appeal the judge's release order. Holmes acknowledged in her ruling Sunday that determining whether Abrego Garcia should be released is "little more than an academic exercise" because ICE will likely detain him. But the judge wrote that everyone is entitled to the presumption of innocence and "a full and fair determination of whether he must remain in federal custody pending trial." Holmes wrote that the government failed to prove that Abrego was a flight risk, that he posed a danger to the community or that he would interfere with proceedings if released. "Overall, the Court cannot find from the evidence presented that Abrego's release clearly and convincingly poses an irremediable danger to other persons or to the community," the judge wrote. Abrego Garcia has pleaded not guilty to the smuggling charges that his attorneys have characterized as an attempt to justify the deportation mistake after the fact. The acting U.S. attorney for the Middle District of Tennessee, Rob McGuire, argued on June 13 that the likely attempt by ICE to try to deport him was one reason to keep him in jail. But Holmes said then that she had no intention of "getting in the middle of any ICE hold." "If I elect to release Mr. Abrego, I will impose conditions of release, and the U.S. Marshal will release him." If he is released into ICE custody, that is "above my pay grade," she said. The judge suggested that the Department of Justice and the Department of Homeland Security could work out between themselves whether the government's priority is to try him on the criminal charges or deport him. No date has been set for the trial. Will Allensworth, an assistant federal public defender representing Abrego Garcia at the detention hearing, told Holmes that "it's not necessarily accurate that he would be immediately deported." A 2019 immigration judge's order prevents Abrego Garcia, who had been living in Maryland, from being deported to his home country of El Salvador, Allensworth said in court. That's because he faces a credible threat from gangs there, according to court papers. The government could deport him to a third country, but immigration officials would first be required to show that third country was willing to keep him and not simply deport him back to El Salvador, Allensworth said. The smuggling charges stem from a 2022 traffic stop for speeding in Tennessee during which Abrego Garcia was driving a vehicle with nine passengers. Although officers suspected possible smuggling, he was allowed to go on his way with only a warning. At the detention hearing, McGuire said cooperating witnesses have accused Abrego Garcia of trafficking drugs and firearms and of abusing the women he transported, among other claims. Although he is not charged with such crimes, McGuire said they showed Abrego Garcia to be a dangerous person who should remain in jail pretrial. Abrego Garcia's attorneys have characterized the smuggling case as a desperate attempt to justify the mistaken deportation. The investigation was launched weeks after the U.S. government deported Abrego Garcia and the Supreme Court ordered the administration to facilitate his return amid mounting public pressure. Chris Newman, an attorney who represents Abrego Garcia's family, previously told CBS News, "The Trump administration is very invested in making this a referendum on the immigration debate, which, as you know, has become coarsened and polarized." "And that is one way to look at it. And I think certainly a lot of people view it that way. I don't view it that way. I view this as a core constitutional order case, a core due process case," Newman said. "And it just so happens that a Salvadoran immigrant is defending bedrock constitutional protections for all of us." Most people in ICE custody who are facing criminal charges are not kept in the U.S. for trial but deported, Ohio State University law professor César Cuauhtémoc García Hernández said. The U.S. will likely try to deport Abrego Garcia quickly without going before an immigration judge, the professor said. The government would not need a conviction to deport him because Abrego Garcia came to the U.S. illegally. "The legal standard is laxer," García Hernández said. "The government's argument is on stronger legal footing." However an immigration judge rules, the decision can be appealed to the Board of Immigration Appeals, García Hernández said. And the board's ruling can then be contested in a federal appeals court.
The Guardian
22-06-2025
- Politics
- The Guardian
Judge orders release of Kilmar Ábrego García as he awaits federal trial
A Tennessee judge on Sunday ordered the release of Kilmar Ábrego García, whose mistaken deportation has become a flashpoint in Donald Trump's immigration crackdown, while he awaits a federal trial on human smuggling charges. But he is not expected to be allowed to go free. At his 13 June detention hearing, prosecutors said US Immigration and Customs Enforcement (Ice) would take Ábrego García into custody if he were released on the criminal charges, and he could be deported before he has a chance to stand trial. US magistrate judge Barbara Holmes has scheduled a hearing for Wednesday to discuss the conditions of Ábrego García's release. The US government has already filed a motion to appeal the judge's release order. Holmes acknowledged in her ruling on Sunday that determining whether Ábrego García should be released is 'little more than an academic exercise' because Ice will probably detain him. But the judge wrote that everyone is entitled to the presumption of innocence and 'a full and fair determination of whether he must remain in federal custody pending trial'. Holmes wrote that the government failed to prove that Ábrego García was a flight risk, that he posed a danger to the community or that he would interfere with proceedings if released. 'Overall, the Court cannot find from the evidence presented that Ábrego's release clearly and convincingly poses an irremediable danger to other persons or to the community,' the judge wrote. Ábrego García has pleaded not guilty to the smuggling charges that his attorneys have characterized as an attempt to justify the deportation mistake after the fact. The acting US attorney for the middle district of Tennessee, Rob McGuire, argued on 13 June that the likely attempt by Ice to try to deport him was one reason to keep him in jail. But Holmes said then that she had no intention of 'getting in the middle of any Ice hold'. 'If I elect to release Mr Ábrego, I will impose conditions of release, and the US Marshal will release him.' If he is released into Ice custody, that is 'above my pay grade', she said. The judge suggested that the Department of Justice and the Department of Homeland Security could work out between themselves whether the government's priority is to try him on the criminal charges or deport him. No date has been set for the trial. Will Allensworth, an assistant federal public defender representing Ábrego García at the detention hearing, told Holmes that 'it's not necessarily accurate that he would be immediately deported.' A 2019 immigration judge's order prevents Ábrego García, who had been living in Maryland, from being deported to his home country of El Salvador, Allensworth said in court. That's because he faces a credible threat from gangs there, according to court papers. The government could deport him to a third country, but immigration officials would first be required to show that third country was willing to keep him and not simply deport him back to El Salvador, Allensworth said. The smuggling charges stem from a 2022 traffic stop for speeding in Tennessee during which Ábrego García was driving a vehicle with nine passengers. Although officers suspected possible smuggling, he was allowed to go on his way with only a warning. He has pleaded not guilty. At the detention hearing, McGuire said cooperating witnesses have accused Ábrego García of trafficking drugs and firearms and of abusing the women he transported, among other claims. Although he is not charged with such crimes, McGuire said they showed Ábrego García to be a dangerous person who should remain in jail pretrial. Ábrego García's attorneys have characterized the smuggling case as a desperate attempt to justify the mistaken deportation. The investigation was launched weeks after the US government deported Ábrego García and the supreme court ordered the administration to facilitate his return amid mounting public pressure. The US is now expected to try to deport him again with much of the world watching and the outcome hard to predict. Most people in Ice custody who are facing criminal charges are not kept in the US for trial but deported, César Cuauhtémoc García Hernández, an Ohio State University law professor, said. The US will probably try to deport Ábrego García quickly without going before an immigration judge, the professor said. The government would not need a conviction to deport him because Ábrego García came to the US illegally. 'The legal standard is laxer,' García Hernández said. 'The government's argument is on stronger legal footing.' However an immigration judge rules, the decision can be appealed to the board of immigration appeals, García Hernández said. And the board's ruling can then be contested in a federal appeals court.
Yahoo
22-06-2025
- Yahoo
Judge denies government's motion to detain Kilmar Abrego Garcia
A magistrate judge in Tennessee has denied the government's motion to detain Kilmar Abrego Garcia, the mistakenly deported Salvadoran native who was brought back to the United States earlier this month. In her order on Sunday, U.S. Magistrate Judge Barbara Holmes said the court "will give Abrego the due process that he is guaranteed." Judge Holmes scheduled a hearing for Wednesday to review the conditions of release. Abrego Garcia faces criminal charges for allegedly transporting undocumented migrants within the U.S. This is a developing story. Please check back for updates.
New York Times
13-06-2025
- Politics
- New York Times
Judge Signals Openness to Granting Bail to Returned Deportee
A federal judge signaled on Friday that she was open to granting bail to Kilmar Armando Abrego Garcia, one week after he was returned to the United States to face criminal charges following his wrongful deportation to El Salvador. If the judge, Barbara D. Holmes, does end up denying the Justice Department's request to detain Mr. Abrego Garcia as he awaits trial, it would be a significant rebuke of the Trump administration, which has repeatedly accused him of being a dangerous criminal, even a terrorist. But it would also represent a Pyrrhic victory for him and his defense team because, as Judge Holmes pointed out, he would almost certainly be taken into custody by immigration officials. Judge Holmes declined to make a final decision on the question of bail at a daylong hearing in Federal District Court in Nashville where Mr. Abrego Garcia pleaded not guilty to a two-count federal indictment unsealed last Friday. The indictment, which was obtained in May while he was being held in Salvadoran custody, charged him with having taken part in a yearslong conspiracy to smuggle undocumented immigrants across the United States as a member of the violent street gang MS-13. The judge said she intended to issue a written decision about Mr. Abrego Garcia's bail 'sooner rather than later.' During the hearing, federal prosecutors threw everything they had at Mr. Abrego Garcia in an effort to persuade Judge Holmes that he was a flight risk and a danger to the community. In an unusual move, the presentation was made personally by Robert E. McGuire, the acting U.S. attorney for the Middle District of Tennessee. Mr. McGuire brought up two domestic violence complaints that Mr. Abrego Garcia's wife had filed against him years ago. He accused the defendant, a Salvadoran man who had been living in Maryland at the time of his expulsion, of transporting children as part of the smuggling operation. And he asserted there was evidence that Mr. Abrego Garcia had sexually harassed some of his young female passengers. Want all of The Times? Subscribe.
