The U.S. government has appealed a federal judge’s order to release Kilmar Abrego Garcia, a Maryland father mistakenly deported to El Salvador in March, now facing human smuggling charges.

After the Supreme Court ordered his return, Abrego was arrested and charged but pleaded not guilty.

Judge Barbara D. Holmes ruled he should be released pending trial, citing due process concerns and a lack of solid evidence.

However, the government requested a stay, signaling plans to keep him in custody and restart deportation proceedings, NBC News has reported.

A hearing on his release terms is set for Wednesday, though immigration detention remains likely.

Written by B.C. Begley