A federal judge issued a written opinion Sunday, denying the Department of Justice’s request to jail Kilmar Abrego Garcia until he faces trial for federal smuggling charges in the state.

What we know:

U.S. Magistrate Judge Barbara Holmes found the DOJ failed to prove Abrego Garcia would be a flight risk, that the charges against him include a minor victim and that he would obstruct proceedings. Holmes determined there are conditions of release that can ensure the public’s safety.

Dig deeper:

That does not mean Abrego Garcia will be a free man again. The Magistrate Judge also acknowledged in her opinion that once released, he’d likely be taken into custody by ICE.

Holmes made a point to clarify the difference between the words “smuggling” and “trafficking” being used interchangeably in arguments accusing Abrego Garcia of federal smuggling charges.

“Human trafficking and human smuggling are often confused. The two crimes are very different, and it is critical to understand the difference between the two. Human trafficking involves exploiting men, women, or children for the purposes of forced labor or commercial sexual exploitation,” U.S. Magistrate Judge Holmes included in her opinion. She also wrote: “The Court will give Abrego the due process that he is guaranteed.”

Criminal Defense Attorney A. Scott Bolden believes the federal charges are a sham to make up for the DOJ’s actions but also tells FOX 5, politics aside, it’s hard to overturn a trial judge’s decision. He also noted separately, the Kilmar Abrego Garcia’s immigration case can proceed — and that there are special interests involved on both sides as the system is being tested.

“You’re going to see a lot of money put behind legal fees, if you will, or him having the best legal services, that this case will probably go back to the Supreme Court because it’s so important to the government’s ability to expand its Executive Branch’s duties and powers if they can. And it’s so important to the immigration defense councils that he get his due process,” Bolden said, “After all that’s exhausted, if he’s going to be deported, then he’s going to be deported, but the process — the due process has got to be had and that’s really what this case is about.”

“The government fundamentally doesn’t fundamentally believe that people who are here illegally have the same fundamental rights under the Constitution, and that’s fundamentally wrong,” Bolden continued.

Read Holmes’ full opinion below.

Who is Kilmar Abrego Garcia?

The backstory:

Kilmar Abrego Garcia was mistakenly deported in March from Maryland to a mega-prison in El Salvador. The case has been a major flashpoint over the Trump Administration’s immigration crackdowns.

He is not a US citizen, but a DOJ attorney did admit he was removed in error. About six years ago, the federal government admitted an immigration judge had previously granted Abrego Garcia deportation protection.

It’s been a battle the Trump Administration, the judiciary and Abrego Garcia’s attorneys to have the Maryland father and husband returned.

Trump Administration officials accused Abrego Garcia of being a MS-13 gang member and a violent person.

It was discovered his wife had previously sought two protection orders against him, alleging Abrego Garcia physically abused her. However, he was never charged for this, and his wife later spoke to them working things out.

The government did bring Abrego Garcia back earlier this month, doing so with an indictment on federal smuggling charges. The charges are connected to a 2022 Tennessee traffic stop, where Abrego Garcia was suspected of smuggling then but never charged there either.

The DOJ accused the 29-year-old in their indictment of illegally transporting women, children and associates of the violent MS-13 gang since 2016.