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, had been deported to a prison in El Salvador in March and was brought back to the U.S. to face charges of human smuggling. Among other charges, he’s accused of conspiring to bring undocumented migrants to the U.S. from around 2016 to 2025.

On June 13, a federal judge heard arguments in a federal detention hearing, but had opted to take the case “under advisement.” Sunday’s ruling from U.S. Magistrate Judge Barbara Holmes denied the U.S.’ motion to detain Abrego. The filing added that a hearing will be set by a separate order to review and provide for his conditions of release — however, as of publication, he’s expected to remain in custody because of a detainer with Immigrations and Customs Enforcement.

Abrego’s charges stem from a traffic stop by the Tennessee Highway Patrol in Putnam County in 2022. Body camera video shows officers discussing among themselves their suspicions of human smuggling before letting him go free. Abrego was not charged with any offense at the traffic stop before he was deported in March and returned 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.