(NEW YORK) -- A magistrate judge in Tennessee has paused accused MS-13 gang member Kilmar Abrego Garcia's release from criminal custody for 30 days, shortly after a separate judge ruled he should be returned to Maryland if released while awaiting trial.
Abrego Garcia has been awaiting his release on bail after pleading not guilty last month to human smuggling charges in Tennessee.
"Abrego shall therefore remain in the custody of the United States Marshal pending further order, as previously directed," U.S. Magistrate Judge Barbara Holmes said Wednesday.
Abrego Garcia's attorneys requested the stay on Monday because they were advised by the government that if Abrego Garcia were released, the Department of Homeland Security would begin removal proceedings.
"Given the uncertainty of the outcome of any removal proceedings, Mr. Abrego respectfully requests that, should the Court deny the government's motion for revocation, the issuance of an order releasing Mr. Abrego be delayed for 30 days to allow Mr. Abrego to evaluate his options and determine whether additional relief is necessary," his lawyers wrote on Monday.
Wednesday's ruling came shortly after U.S. District Judge Paula Xinis ordered the Trump administration to return Abrego Garcia to Maryland and blocked the administration from detaining and deporting him upon his release from criminal custody.
Xinis ruled that the U.S. government "shall restore Abrego Garcia to his ICE Order of Supervision out of the Baltimore Field Office."
Judge Xinis said her order to have Abrego Garcia placed under ICE supervision in Maryland, where he was living with his wife and children before he was mistakenly deported in March, is necessary to "provide the kind of effective relief to which a wrongfully removed alien is entitled upon return."
The federal judge said her order, which also requires the government to provide 72 hours' notice if it intends to deport him to a third country, is "narrowly tailored" to allow the Trump administration to initiate "lawful immigration proceedings upon Abrego Garcia's return to Maryland."
The immigration proceedings may or may not include "lawful arrest, detention and eventual removal," Xinis said.
This decision follows a separate ruling in Abrego Garcia's criminal case where U.S. District Judge Waverly Crenshaw denied the government's motion to revoke a magistrate judge's order for Abrego Garcia's release. Judge Crenshaw said on Wednesday that Abrego Garcia "shall be released upon the issuance of the Magistrate Judge's release order with conditions."
Judge Crenshaw said he was not persuaded that "Abrego's unlawful removal from the United States now presents a risk that he will fail to appear in court to avoid similar treatment in the future."
In his memo, Judge Crenshaw said that testimony provided by Peter Joseph, a Homeland Security agent, that Abrego Garcia transported both Barrio 18 and MS-13 gang members cuts against "the already slim evidence demonstrating Abrego is a member of MS-13."
"For the Court to find that Abrego is member of or in affiliation with MS13, it would have to make so many inferences from the Government's proffered evidence in its favor that such conclusion would border on fanciful," Judge Crenshaw wrote.
Abrego Garcia, a Salvadoran native, was deported in March to El Salvador's CECOT mega-prison -- despite a 2019 court order barring his deportation to that country due to fear of persecution -- after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.
He was brought back to the U.S. last month to face charges in Tennessee of allegedly transporting undocumented migrants within the U.S. while he was living in Maryland.
Homeland Security Assistant Secretary Tricia McLaughlin slammed Wednesday's rulings in a series of posts on X.
"MS-13 gang member, human trafficker and criminal illegal alien will never walk America's streets again," McLaughlin said in one post.
"The fact this unhinged judge is trying to tell ICE they can't arrest an MS-13 gang member, indicted by a grand jury for human trafficking, and subject to immigration arrest under federal law is LAWLESS AND INSANE," she said in another.
Abrego Garcia's immigration attorney called the rulings "a powerful rebuke of the government's lawless conduct and a critical safeguard for [Abrego Garcia's] due process rights."
"A federal judge has now barred ICE from taking him back into custody in Tennessee, and ordered that any future deportation attempt must come with advance notice," Simon Sandoval-Moshenberg told ABC News. "After the government unlawfully deported him once without warning, this legal protection is essential. We are grateful the court recognized that Kilmar's rights and safety are at stake, and that the government's past actions give serious cause for concern."
Copyright © 2025, ABC Audio. All rights reserved.