A federal judge on Friday dismissed the criminal indictment against MS-13 gang member Kilmar Abrego Garcia.
Judge Waverly Crenshaw, an Obama appointee, granted Abrego Garcia’s motion to dismiss the human trafficking case for vindictive and selective prosecution in violation of the Fifth Amendment’s Due Process Clause.
The Trump DOJ vowed to appeal Judge Crenshaw’s decision.
Last October, Judge Crenshaw set a hearing on whether the child-trafficking case against MS-13 gang member Kilmar Abrego Garcia was due to “vindictive prosecution.”
Crenshaw set a hearing based on public statements made by Pam Bondi, Todd Blanche, Kristi Noem, and others.
Kilmar Abrego Garcia is an El Salvadoran national who was illegally residing in Maryland. In 2019, an immigration judge ordered Abrego Garcia, an alleged member of the dangerous MS-13 gang, removed from the US.
After a months-long court battle over his deportation, Kilmar Abrego Garcia was transported back to the United States from El Salvador to face criminal charges.