As of 3 PM EST, Noem has filed no appeal. Seems he will be able to head to an undisclosed location inside Maryland, tonight, accompanied by pre-trial services, to set up his “at home” monitoring. Excellent. [Of course, for his — and his family’s — security, we will not disclose the moment of his release, nor that location.]

Here it all is — pretty plainly laid out, by USDC Judge Paula Xinis:

…Petitioner Kilmar Armando Abrego Garcia’s Petition for habeas corpus pursuant to 28 U.S.C. § 2241 at ECF No. 1 is hereby GRANTED;

2. Respondents SHALL release Abrego Garcia from ICE custody immediately;

3. Respondents SHALL notify Abrego Garcia’s counsel of the exact time and location of his release no fewer than four hours prior to releasing him, and notify the Court of the status of Abrego Garcia’s release by email to chambers no later than 5:00 p.m. today, Thursday, December 11, 2025;

4. A representative of the United States Pretrial Services Office for this District SHALL separately contact Abrego Garcia’s criminal counsel with further instruction for installation on the release conditions previously imposed in… United States v. Abrego Garcia, No. 3:25-CR-00115-1 (M.D. Tenn.);

5. Respondents SHALL immediately transmit this Order and the accompanying Memorandum Opinion to all relevant officers, agents, and employees under their control and who are involved in this matter and [in]… United States v. Abrego Garcia, No. 3:25-CR-00115-1 (M.D. Tenn.)….

6. Within a week of the date of this Order, by 5:00 p.m. on Thursday, December 18, 2025, the parties SHALL submit a joint status report as to the parties’ position regarding resolution of Respondents’ pending motion to dissolve at ECF No. 72 [the motion by Noem to dissolve the injunction, and continue with detention / deportation mechanics]; and

7. The Clerk is DIRECTED to transmit a copy of this Order to all counsel of record.

December 11, 2025: /s/ Paula Xinis,
United States District Judge

Excellent… just… excellent.

नमस्ते

Certainly, the Noemites will appeal more in a few minutes. It comes as a 31 page opinion.

He still must wear an ankle monitor and remain at home under the Nashville orders, from this past Summer — but I don’t think Noem can lawfully keep him in Pennsylvania — away from his Maryland family, any longer, after tonight. Here’s that Judge Xinis banger:

…But nothing suggests [his 2019 administrative proceedings judge] ordered Abrego Garcia removed to El Salvador. In fact, the withholding decision twice erroneously suggested that the stated country of removal from which Abrego Garcia sought relief was Guatemala. Id. at 9 (“DHS has failed to carry their burden to show that there are changed circumstances in Guatemala that would result in the Respondent’s life not being threatened….”); id. at 14 (“DHS has not shown there are changed circumstances in Guatemala that would result in the Respondent’s life not being threatened, or that internal relocation is possible and reasonable under the circumstances.”). The withholding decision also included a separate “order” that did not command Abrego Garcia’s removal to El Salvador or anywhere else….

For the next six years, Abrego Garcia lived and worked in Maryland subject to an ICE order of supervision. Abrego Garcia I, ECF No. 1-3. See also ECF No. 32-10 (employment authorization identification card); ECF No. 33 (order of supervision). But on March 12, 2025, while driving with his son in the car, ICE agents pulled over Abrego Garcia and arrested him. Abrego I, ECF No. 31 at 4. Three days later, Respondents forcibly expelled him, along with 252 Venezuelan and Salvadoran nationals, to El Salvador where they were detained in the Terrorism Confinement Center (“CECOT”)….

In response, on March 24, 2025, Abrego Garcia filed suit in this Court and separately moved for an injunction directing Respondents to secure his immediate release from CECOT and his return to the United States. Abrego I, ECF Nos. 1 & 2. On April 4, 2025, the Court granted such relief, ordering Respondents to “facilitate and effectuate” his return to the United States….

[O]n June 6, 2025, Respondents paroled Abrego Garcia to the United States after securing a federal indictment in the Middle District of Tennessee, a matter that is itself under scrutiny for vindictive and selective prosecution….

Meanwhile, during plea negotiations in the criminal case, Costa Rica offered to grant Abrego Garcia residency as a refugee. ECF No. 1-3; ECF No. 1-7; Tennessee Criminal Matter, ECF No. 114-1. Official correspondence dated August 21, 2025, from Costa Rica’s Minister of Public Security Mario E. Zamora Cordero (“Zamora Cordero”), confirmed [this]….

At the hearing on November 20, it became evident that once again, Respondents defied this Court’s orders…. They simply refused to prepare and produce a witness with knowledge to testify in any meaningful way. Cantú candidly admitted, for example, that he had no prior involvement in Abrego Garcia’s case and spent approximately five minutes preparing to testify. See ECF No. 107 at 33:3–4, 39:5–9. Cantú also shared that none of Respondents’ attorneys had discussed this Court’s order with him or showed him its contents. See id. at 42:1–24. Nor did Cantú understand the purpose of his testimony….

Despite this tortured history, Abrego Garcia’s arguments in favor of release are quite simple. He contends that his detention is without lawful authority because Respondents have no final order of removal authorizing as much under the third-country removal statute, 8 U.S.C. § 1231. Thus, says Abrego Garcia, his release is compelled. [This court agrees.]

Abrego Garcia’s case demands judicial intervention to ensure that Respondents choose constitutionally permissible means of implementing the INA. Zadvydas, 533 U.S. at 695. Because Abrego Garcia has been held in ICE detention to effectuate third-country removal absent a lawful removal order, his requested relief is proper. Separately, Respondents’ conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer….

The Court orders Respondents to release Abrego Garcia from ICE custody immediately. Thereafter, he will receive instruction from the United States Pretrial Services Office as to installation on the release conditions previously imposed in his [Nashville] case….

Sanity makes a comeback! Let Hinderaker’s whining… begin. I. Don’t. Care.

नमस्ते

It still is likely to be into the third week of January 2026, before we see an evidentiary hearing, proper now.

But make no mistake — this is headed toward an outright dismissal order, in favor of Abrego Garcia. Here’s the latest order to issue out from yesterday’s sealed ex-parte hearing [text only]:

…ORDER as to Kilmar Armando Abrego Garcia:

Having considered the Government’s Motion for Partial Reconsideration of the Order entered 12/3/2025 (Doc. No. [245]) and having reviewed six documents with bate numbers 000007 through 000012, the Court GRANTS IN PART and DENIES IN PART the motion.

The Court has redacted the six documents, identified during the hearing as Collective Exhibit A, that shall be produced immediately to Defendant.

On or before 12/17/2025, the parties shall file their position with a supporting memorandum of law on whether the Memorandum Opinion and Order (Doc. No. [241]) should remain under seal.

Signed by District Judge Waverly D. Crenshaw, Jr on 12/10/2025….

Now you know. When it ultimately happens down in Music City, in mid-January 2026, you may trust that I will be live in Courtroom 3D, to blog it all.

And as irony might have it, that might turn out to be the day of, or after King Day 2026 (Q.: do the Nashville courts observe the federal MLK holiday, and stay closed? We will find out.) Smile — onward.

नमस्ते