"A federal judge this week canceled the trial of Kilmar Abrego Garcia, the Salvadoran man who was mistakenly deported, and scheduled a hearing on whether the prosecution is being vindictive in pursuing a human smuggling case against him. Abrego Garcia has become a centerpiece of the debate over immigration after the Trump administration deported him in March to a notorious prison in El Salvador."
"At that hearing, prosecutors will have to explain their reasoning for charging Abrego Garcia, Crenshaw wrote, and if they fail in that, the charges could be dismissed. When Abrego Garcia was pulled over in 2022, there were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was eventually allowed to continue driving with only a warning."
Judge Waverly D. Crenshaw Jr. canceled Kilmar Abrego Garcia's trial and set a Jan. 28 hearing to assess whether prosecutors acted vindictively by pursuing human smuggling charges. Prosecutors must explain their rationale for charging him or face possible dismissal of the charges. Abrego Garcia was mistakenly deported in March to a notorious El Salvador prison and returned to the U.S. in June after a court order, at which point an arrest warrant in Tennessee was issued. He denies the smuggling allegations and contends selective targeting. A 2022 traffic stop involved nine passengers and officers' suspicions, but he received only a warning. He previously received protection from deportation due to a gang threat and lives in the U.S. with an American wife and child under ICE supervision. Members of the Trump administration have accused him of MS-13 membership.
Read at www.npr.org
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