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BumRushDaShow

(154,312 posts)
Thu Jun 12, 2025, 08:04 AM Yesterday

Kilmar Abrego Garcia's lawyers ask judge to release him from custody pending trial

Last edited Thu Jun 12, 2025, 10:16 AM - Edit history (1)

Source: Politico

06/11/2025 08:17 PM EDT


Lawyers for Kilmar Abrego Garcia, the Salvadoran man illegally deported to his native country in March and returned to the U.S. last week to face human trafficking charges, say the Trump administration is compounding his mistreatment by trying to keep him in jail while awaiting trial.

“Mr. Abrego Garcia asks the Court for what he has been denied the past several months — due process,” his lawyers, four appointed public defenders, argued in a 20-page filing to a federal magistrate judge in Nashville, Tennessee, where Abrego Garcia was secretly indicted last month ahead of his return.

U.S. Magistrate Judge Sarah Holmes has set a hearing for Friday on whether Abrego Garcia should be detained as he awaits trial. However, even if she opts against detention in the criminal case, Abrego Garcia will likely be put in immigration custody and his prospects for release there are uncertain.

Holmes has given both sides a deadline of noon local time Thursday to indicate whether they plan to call witnesses at the hearing. However, defense attorneys argue in the new filing that the crimes Abrego Garcia was charged with don’t permit pretrial detention in most circumstances.

Read more: https://www.politico.com/news/2025/06/11/kilmar-abrego-garcia-criminal-trial-00401951



Link to FILING (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.tnmd.104621/gov.uscourts.tnmd.104621.29.0.pdf
12 replies = new reply since forum marked as read
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Kilmar Abrego Garcia's lawyers ask judge to release him from custody pending trial (Original Post) BumRushDaShow Yesterday OP
Hasnt a jidge alrrady order he be released from ICE custody? SSJVegeta Yesterday #1
Yes but I think since he has been indicted on (manufactured) federal charges BumRushDaShow Yesterday #5
Yeah. But the article says if he is released from DOJ custody they will put him back under ICE custody SSJVegeta Yesterday #6
I meant to do this earlier BumRushDaShow Yesterday #7
That makes a lot of sense. SSJVegeta Yesterday #8
Most welcome BumRushDaShow Yesterday #10
4 appointed public defenders. Where are the lawyers who have the expertise that is needed? How about 1 or 2 pro bono.... usaf-vet Yesterday #2
The fact that he is back in the U.S. BumRushDaShow Yesterday #9
So have we seen ANY proof of what he's NOW being charged with? Callie1979 Yesterday #3
Freedom is just another word (being removed from libraries). twodogsbarking Yesterday #4
Garcia deserves to be released LetMyPeopleVote 23 hrs ago #11
The administration does not want Mr. Garcia republianmushroom 23 hrs ago #12

SSJVegeta

(671 posts)
1. Hasnt a jidge alrrady order he be released from ICE custody?
Thu Jun 12, 2025, 08:18 AM
Yesterday

If not, if he does go back to ICE custody, I wouldn't be surprised if a Federal Judge finally orders his release.

BumRushDaShow

(154,312 posts)
5. Yes but I think since he has been indicted on (manufactured) federal charges
Thu Jun 12, 2025, 09:28 AM
Yesterday

he is now under DOJ custody - https://www.democraticunderground.com/10143473969

(ICE is under DHS)

SSJVegeta

(671 posts)
6. Yeah. But the article says if he is released from DOJ custody they will put him back under ICE custody
Thu Jun 12, 2025, 10:13 AM
Yesterday

Which sounds nuts

BumRushDaShow

(154,312 posts)
7. I meant to do this earlier
Thu Jun 12, 2025, 10:30 AM
Yesterday

but was getting my little convertible laptop ready for a monthly update so hadn't added the filing but just did so now.

Apparently there are 2 things here - a "detention hearing" (which is under ICE) and the "in custody" due to the new federal charges by DOJ.

The filing was to request that he be released from DOJ custody related to any "detention hearing" under ICE as no detention hearing should happen at all (which I expect is what the "hot potato" talk of moves between departments is about). That would probably mean then being held by DOJ for the DOJ charges and that would probably require a separate filing for release on bail (or under whatever circumstances) after arraignment.

BumRushDaShow

(154,312 posts)
10. Most welcome
Thu Jun 12, 2025, 10:45 AM
Yesterday

and thank you for reminding me to get a link up to the filing (a lot of articles won't include them so I have to usually dig for them but Politico actually had a link to it).

usaf-vet

(7,549 posts)
2. 4 appointed public defenders. Where are the lawyers who have the expertise that is needed? How about 1 or 2 pro bono....
Thu Jun 12, 2025, 08:21 AM
Yesterday

... attorneys join in to get Kilmar Abrego Garcia the best defense possible.

Four public defenders fighting against the corrupt Trump DOJ is hardly a fair match, IMHO.

BumRushDaShow

(154,312 posts)
9. The fact that he is back in the U.S.
Thu Jun 12, 2025, 10:35 AM
Yesterday

and not still at CECOT like most of the others means he has a crack team behind him (along with a pile of members of Congress in support and others with amicus briefs).

(remember that 45 co-opted a pile of crack lawyers to do "pro bono" work for him so not all pro bono lawyers are wanaabes )

Callie1979

(773 posts)
3. So have we seen ANY proof of what he's NOW being charged with?
Thu Jun 12, 2025, 08:22 AM
Yesterday

The whole "human trafficking" thing? All I've seen are the accusations, no info

LetMyPeopleVote

(164,661 posts)
11. Garcia deserves to be released
Thu Jun 12, 2025, 12:29 PM
23 hrs ago


NEW: Kilmar Abrego Garcia asks Federal judge in Tennessee to release him from custody ⬇️ @wjz
“With no legal process whatsoever, the United States government illegally
detained and deported Kilmar Abrego Garcia and shipped him to the Center for
Terrorism Confinement (CECOT) in El Salvador, one of the most violent, inhumane prisons in the world. The government now asks this Court to detain him further. As the Fourth Circuit Court of Appeals has held, the government's treatment of Mr.
Abrego Garcia should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.
Mr. Abrego Garcia asks the Court for what he has been denied the past several months—due process.”


republianmushroom

(20,197 posts)
12. The administration does not want Mr. Garcia
Thu Jun 12, 2025, 12:36 PM
23 hrs ago

seen on daytime TV shows. Where he will be if out of jail. Telling the nation and world what he and others have/are going thru.

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