Government files appeal after Kilmar Abrego Garcia ordered released by the federal judge

On Sunday, the government called on a Federal Liberation Judge of Kilmar Abrego Garcia awaiting accusations of human smuggling, another chapter of the saga of the father of Maryland who had been wrongly expelled to El Salvador.

The Trump administration admitted to having expanded Abrego Garcia in March, and the Supreme Court ordered him to facilitate his return.

On his return this month, however, Abrego Garcia was struck by federal accusations of conspiracy to illegally transport illegal immigrants for financial purposes and illegal transport of illegal immigrants for monetary purposes. He Pleaded not guilty.

“ABREGO, like each person arrested for federal criminal charges, is entitled to a complete and equitable determination to know if he has to remain in federal detention while waiting for the trial,” wrote on Sunday. “The court will give Abrego the regular procedure that it is guaranteed.”

The government quickly filed a request for suspension of the order and to keep Abrego Garcia in detention, a file which clearly indicated that it would again submit it to the expulsion procedure.

The government argued that a suspension, or a break, would allow the court “to carry out a significant examination” of the custody before the judge’s decision on a separate judicial file.

“He will remain in police custody while waiting for the expulsion and the liberation order of judge Holmes would in no way reject him to the community,” said lawyers of the Ministry of Justice as a request for suspension on Sunday.

By concluding that Greo Garcia should be published while waiting for the trial, with certain conditions, Holmes has defeated the government for its language surrounding the case and said that it had so far been denied to an ordinary regular procedure which could come to any accused.

She noted that government lawyers have used the terms “human smuggling” and “deals with human beings” in an interchangeable manner, although the first refers to help someone voluntarily enter a country, while the second refers to bringing someone in a country against their will.

She also noted that the government accused Abrego Garcia of being “involved” in the transport of a minor in the context of alleged smuggling – without solid and specific evidence of such.

Holmes set an audience for Wednesday to discuss the terms of the liberation of Abrego Garcia and ordered the federal authorities to produce it for the event.

She has had little hope that Gurcia Garcia would in fact be free, however, noting that the immigration authorities were likely to hold him to their release because he would be in the United States without authorization.

“Either Abrego will remain under the care of the Attorney General or of his pending trial if it was held under the Act respecting the reform of the surety, or it will probably remain in the American immigration and customs guard (` `ie ”) subject to the procedures of dismissal provided which are outside the court of this court,” she wrote in her decision.

“This suggests that the determination of the court of detention problems is hardly more than an academic exercise,” said Holmes.