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GREENBELT, Md. (AP) — A federal judge in Maryland ordered Kilmar Abrego Garcia freed from immigration detention on Thursday while his legal challenge against his deportation moves forward.

U.S. District Judge Paula Xinis ruled that Immigration and Customs Enforcement must release Abrego Garcia from custody immediately.

“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” the judge wrote. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”

The Department of Homeland Security was highly critical of the judge’s order and vowed to oppose it, calling it “naked judicial activism” by a judge appointed by President

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