A federal judge in Maryland Monday denied the Justice Department's request to pause Kilmar Abrego Garcia's immigration case due to the government shutdown. 

Abrego Garcia, a Salvadoran national, was mistakenly deported to his home country in March, and was later returned to the U.S. to face federal human smuggling charges.

The judge on Monday also called for an evidentiary hearing to be held on Friday, Oct. 10, asking for government lawyers to present evidence on what discussions have taken place about Abrego Garcia's removal to the African country of Eswatini. 

WJZ has reached out to the Justice Department for a statement and is awaiting a response.

Abrego Garcia's lawyers to request his release

At the next hearing, Abrego Garcia's attorneys said they will request his immediate release. 

"The just and proper outcome would be that he's allowed to live with his family, with his children right here in Maryland," said attorney Simon Sandoval-Moshenberg. 

Sandoval-Moshenberg said Abrego Garcia is willing to accept a removal to Costa Rica after the country offered assurance that he would not be sent back to his home country of El Salvador. 

"The decision to try to send Mr. Abrego Garcia across the Atlantic Ocean to a seemingly random African country when he's already received an offer of refugee status in Costa Rica is purely punitive," Sandoval-Moshenberg said. "His detention is completely impermissible. The only lawful purpose for ICE to detain someone is to carry out their removal. Here, there is no removal to be carried out." 

According to Sandoval-Moshenberg, there are strict conditions for Abrego Garcia's release from a Tennessee prison as he awaits his criminal trial. 

"They cannot use ICE detention to hold him over until trial when the criminal court already prohibited that," said Sandoval-Moshenberg. 

During the Monday court proceedings, the federal judge grew frustrated with what he saw as minimal evidence and answers that government prosecutors provided concerning Abrego Garcia's move. 

The hearing comes after a federal Tennessee judge said Friday he believes the criminal charges against Abrego Garcia may have been "vindictive." 

Abrego Garcia's supporters rally

Ahead of the hearing Monday, a crowd of supporters, faith leaders, community members and the immigration advocacy group CASA rallied and called for justice in Abrego Garcia's case. 

Their message was that Abrego Garcia's case is not just about one person, but about upholding everyone's rights under the United States Constitution. 

"Through your fight and demand for the liberation of all who are detained, justice will prevail," said Lydia Walther-Rodriguez, the chief of organizing and leadership at CASA. 

Walther-Rodriguez said they are also demanding justice for the principles that define democracy. 

"The principles that include due process, fairness and the right to defend yourself if you are being accused," she said. 

CASA said they want Abrego Garcia to be allowed to stay with his family as he waits for his criminal trial, which is scheduled for January 2026.