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JUST IN:20 MINS AGO An Obama-appointed judge in Tennessee CANCELLED Kilmar Abrego Garcia’s trial date for human smuggling charges. 💪 Instead, the judge will hold a hearing on the legality of Trump and Bondi’s prosecution of him. —Now Trump & Bondi’s Case Faces Legal Fire 👉 Read what this surprise hearing could change
JUST IN:20 MINS AGO An Obama-appointed judge in Tennessee CANCELLED Kilmar Abrego Garcia’s trial date for human smuggling charges. 💪 Instead, the judge will hold a hearing on the legality of Trump and Bondi’s prosecution of him. —Now Trump & Bondi’s Case Faces Legal Fire
👉 Read what this surprise hearing could change
**Federal Judge Cancels Kilmar Abrego Garcia’s Trial, Schedules Hearing on Vindictive Prosecution**
*NASHVILLE, Tenn.* — In a surprise move this week, a federal judge in Tennessee **canceled the scheduled trial of Kilmar Abrego Garcia**, the Salvadoran national facing human smuggling charges, and instead **set a special hearing to examine whether prosecutors acted vindictively in bringing the case**.
U.S. District Judge **Waverly D. Crenshaw Jr.**, appointed by President Barack Obama, issued an order on Tuesday vacating the trial date and **scheduling an evidentiary hearing for January 28, 2026**. At that hearing, prosecutors must justify why they filed the human smuggling indictment against Abrego Garcia — who denies the allegations — or risk having the charges dismissed.
The case has attracted national attention since Abrego Garcia was **mistakenly deported to El Salvador in March** despite a 2019 court order protecting him from removal to that country due to credible threats of gang violence. After public outcry and a Supreme Court directive, the government eventually returned him to the U.S. in June — but he was immediately **indicted on human smuggling charges in Tennessee**, based on a 2022 traffic stop during which he was not arrested at the time.
Abrego Garcia’s defense argues the prosecution was motivated by retaliation for the government’s earlier missteps and public embarrassment over the wrongful deportation, a claim that has now convinced Judge Crenshaw that **there is enough evidence to warrant a formal hearing**.
If prosecutors cannot satisfactorily explain their actions during the January hearing, the case — and the scheduled trial — could be thrown out altogether. Legal experts say such a ruling could have wider implications for the government’s handling of politically sensitive immigration prosecutions.
Supporters and critics alike are closely watching the case as it touches on key debates over due process, immigration enforcement, and executive power.