NASHVILLE, Tenn. (WKRN) — A magistrate judge has denied the U.S. government’s motion to detain a man who was mistakenly deported to El Salvador.

Kilmar Abrego Garcia, 29, who had been deported to an El Salvador prison in March, has now been brought back to the U.S. to face human smuggling charges. He stands accused of a conspiracy to transport undocumented migrants into the U.S. between 2016 and 2025.

On June 13, a federal judge considered arguments during a detention hearing but decided to take the matter “under advisement.” On Sunday, U.S. Magistrate Judge Barbara Holmes declined the U.S. government’s request to detain Abrego. The decision indicated that another hearing will be scheduled to determine his release conditions. Nevertheless, due to an Immigration and Customs Enforcement detainer, Abrego is expected to remain in custody for now.

The charges against Abrego arise from a traffic stop conducted by the Tennessee Highway Patrol in Putnam County in 2022. Body camera footage reveals officers expressing suspicions of human smuggling, though they released him without charges at the time. He was not arrested at the traffic stop; deportation followed in March, with his return to the U.S. occurring on June 6.

He has pleaded not guilty to all charges.

“Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial,” the filing reads, in part. “The Court will give Abrego the due process that he is guaranteed.”

In the introduction, the filing noted “that Abrego will remain in custody regardless of the outcome of the issues raised in the government’s motion for detention,” which “suggests the Court’s determination of the detention issues is little more than an academic exercise.”

Additionally, the filing said the government failed to demonstrate that Abrego’s is a case in which a detention hearing is authorized, finding that there would be conditions of release available to reasonably assure the safety of others and the community and to assure Abrego’s required appearances.

The filing argued that the government also did not reasonably support its decision for detention on the grounds that Abrego poses a danger to the community, either. As for previous allegations of Abrego’s involvement with the MS-13 gang, the judge wrote that “Abrego has no reported criminal history of any kind. And his reputed gang membership is contradicted by the government’s own evidence.”

News 2 has reached out to a representative at the Department of Homeland Security for comment.