(NEW YORK) — Kilmar Abrego Garcia’s attorneys on Monday asked a federal judge for a 30-day stay if he is ordered released from custody while awaiting trial.
The lawyers said their request comes after they were advised by the government that if released, the Department of Homeland Security would begin removal proceedings for the accused MS-13 gang member.
“Given the uncertainty of the outcome of any removal proceedings, Mr. Abrego respectfully requests that, should the Court deny the government’s motion for revocation, the issuance of an order releasing Mr. Abrego be delayed for 30 days to allow Mr. Abrego to evaluate his options and determine whether additional relief is necessary,” his lawyers wrote.
Abrego Garcia, a Salvadoran native, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.
He was brought back to the U.S. last month to face charges in Tennessee of allegedly transporting undocumented migrants within the U.S. while he was living in Maryland. He has pleaded not guilty.
Last week, U.S. District Judge Waverly Crenshaw Jr. said he anticipates making a decision Monday on whether Abrego Garcia should be released pending trial.
The attorneys said in Monday’s filing that the government does not oppose their request for a stay.
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