Barbara Holmes (U.S. Magistrate (Tennessee))

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In her 51-page order, Judge Holmes said the government failed to prove there is a "serious risk" that Abrego Garcia will flee or that he will obstruct justice in the case. Holmes also said the government's evidence that Abrego Garcia is a member of MS-13 "consists of general statements, all double hearsay" from cooperating witnesses.

Holmes said Abrego Garcia "has no criminal history" of any kind and said that his "reputed gang membership" is contradicted by the government's own evidence that was presented during a hearing two weeks ago.

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