A federal judge has canceled the trial of Kilmar Abrego Garcia, an individual from El Salvador who was mistakenly deported, and has scheduled a hearing to assess whether the prosecution is acting vindictively in pursuing human smuggling charges against him.

Abrego Garcia's case has gained attention in the context of immigration policy, particularly following his deportation by the Trump administration to a prison in El Salvador in March. After public outcry and a court order, he was returned to the United States in June, but not before an arrest warrant was issued against him in Tennessee. He has denied the smuggling allegations and claims that the prosecution is selectively targeting him.

Judge Waverly D. Crenshaw, Jr. indicated that there is sufficient evidence to warrant a hearing on this matter, which is set for January 28. During this hearing, prosecutors will need to justify their decision to charge Abrego Garcia; failure to do so could result in the dismissal of the charges.

The circumstances surrounding Abrego Garcia's initial traffic stop in 2022, where he was pulled over with nine passengers in the vehicle, raised suspicions of smuggling. However, he was allowed to continue driving with only a warning. A Department of Homeland Security agent testified that the investigation into the traffic stop did not commence until after a Supreme Court ruling mandated the Trump administration to facilitate Abrego Garcia's return from El Salvador.

Previously, Abrego Garcia had been granted protection from deportation due to threats from gangs in his home country, allowing him to live and work in the U.S. under the supervision of Immigration and Customs Enforcement. Despite accusations from members of the Trump administration linking him to the MS-13 gang, he has consistently denied these claims and has no criminal record.