Kilmar Abrego Garcia will remain in federal custody, at least for a few more days.
US Magistrate Judge Barbara Holmes said Wednesday in court that she will file an order, as early as Friday, that Abrego Garcia should not be detained while he awaits a federal trial on human smuggling charges.
Holmes, however, also ordered Abrego Garcia’s defense to file an additional brief by noon Thursday to express their concerns as to the extent to which the Justice Department has any control over the Department of Homeland Security in this particular case. He faces criminal charges under the DOJ but has an immigration detainer under Immigration and Customs Enforcement. DOJ must respond by noon Friday.
Abrego Garcia appeared at the hearing in shackles, orange prison clothes, blue socks and plastic orange slides to hear the conditions of his release. His wife said at a pre-hearing press conference that Wednesday marks their wedding anniversary.
This story is breaking and will be updated.
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