USDC Mag. Judge Holmes In Nashville Agrees: Abrego Garcia's "Due Process" Arguments Grant Him A Measure Of Timing / Control, In The Tennessee Proceedings.

Mr. Abrego Garcia will now -- by USDC order -- remain in the essentially "protected custody" of the Middle District of Tennessee, pending more litigation (in Maryland, before USDC Judge Xinis) -- about his habeas / release / bail / bond rights.

This is good news, given the ongoing prevarications from the AUSAs in those two courts -- and from Noem / Rubio, themselves. Here's today's order -- just entered -- and a bit (I may need to be back in Nashville on the 16^th, then):

. . .Essentially, Abrego seeks the due process to which he is constitutionally and statutorily entitled, namely whether the government can make the necessary showing under the Bail Reform Act for his detention pending trial.

The District Judge recognized the import of this determination in his June 25, 2025 Memorandum Opinion:

"While the Court agrees with the premise that Abrego will likely be detained by DHS, it departs from the Government’s position that the Executive Branch’s pursuit of Abrego on multiple fronts somehow renders these proceedings academic. This forgoes the basic tenets of due process and judiciary diligence underlying Article III. . . ."

On order of a court of the United States or on request of an attorney for the government, the person in charge of the facility where Abrego remains shall deliver Abrego to the United States Marshal for purposes of an appearance in connection with a court proceeding, including specifically but without limitation, the evidentiary hearing set for July 16, 2025 in this case.

It is SO ORDERED.

Onward -- resolutely -- to either Nashville or the Rockies by the night of the 15^th -- or. . . to both, actually. Heh. Then, to Boise, Idaho and a whole house rental -- for the week of the 22^nd -- as a son's Half Iron looms. Woot!

नमस्ते