Kilmar Abrego Garcia's lawyers have requested that a judge delay his jail release for 30 days amid the threat of deportation once he's released. CBS News' Katrina Kaufman has the latest.

Nashville

Lawyers representing Kilmar Abrego Garcia have requested that a federal judge in Tennessee delay his release from jail for 30 days. The request aims to keep him in criminal custody to prevent immediate transfer to the Department of Homeland Security, which would likely initiate removal proceedings. Abrego Garcia was previously deported to El Salvador by mistake, despite a court order intended to prevent his removal.

His legal team is seeking additional time to explore potential relief options, including ongoing civil litigation in Maryland that could affect his immigration status. Decisions from judges in both Tennessee and Maryland are pending, with no specific timelines provided for their rulings.

Lawyers for Kilmar Abrego Garcia request delayed jail release

Lawyers for Kilmar Abrego-Garcia are asking a federal judge in Tennessee to delay his release from jail. They are requesting he stay in criminal custody for another 30 days while he awaits trial to avoid another deportation. You'll remember he was mistakenly sent to El Salvador despite an order that was supposed to prevent that from happening. CBS News legal reporter Katrina Kauffman is joining me now in Studio 55 with more. Good to see you. Hi Vlad. So break this down for me. What are his lawyers saying? Now this is an unusual request. Of course, Kilmar Abrego-Garcia has been wanting to go home since March when he was sent to El Salvador. But what they're saying is that they've been told if he's released, because he's currently in custody pending his criminal trial, that he will be in put in custody of the Department of Homeland Security and that removal proceedings will begin immediately. So they're very concerned about this. You know, we've seen people sent to these third-party countries like Sudan and Libya. He wants to be back with his family so they say they want more time here to assess their options and figure out what forms of relief that he may be eligible for. So if he is released in 30 days, what would be some of his legal options to fight deportation? I mean, I think this is really the question at this point, Vlad, and what they even say in that request is that given the outcome of removal proceedings, you know, they really want to see what is still on the table for him. I mean, in other cases you could apply for asylum, you could try to change your status, get a green card. I think with everything we've seen happen to Kilmar Brigo Garcia, I'd call those very unlikely options. You know, they can of course appeal his removal and I think the best option they're hoping for right now is there's this other civil case in Maryland where they've asked the judge to bar his removal from the country, to have him transferred to Maryland. She had a hearing last week about that and so we're still waiting for an answer from her as well as from this judge in Tennessee about what they're each going to decide and how that will impact his fate. And so what can we expect that decision from the judge? I mean, I think that we're expecting decisions soon from both of these judges. Neither of them gave specific timelines, but he is sitting in custody right now and awaiting to see what they're going to decide. All right, really interesting. Katrina Kaufman, always good to have you. Thank you. Thank you very much.

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