(NASHVILLE, TENNESSEE) — U.S. District Judge Waverly D. Crenshaw Jr. has not dismissed the human smuggling case against Kilmar Abrego Garcia, leaving pending a defense request to throw out the indictment in the U.S. District Court for the Middle District of Tennessee.

Abrego Garcia’s lawyers asked Crenshaw to dismiss the indictment on grounds of vindictive prosecution. Crenshaw had already found a “realistic likelihood of vindictiveness,” shifting the burden to the government to rebut that presumption.

A hearing on the dismissal request was scheduled in Nashville, and the case remained pending. Prosecutors opposed dismissal, with the lead prosecutor saying charging him was “the right thing to do.”

The dispute centers on whether the indictment should stand, not on whether the court has already ended the case. As of the latest available information, the federal judge had not dismissed it.

Crenshaw is presiding over the matter in the U.S. District Court for the Middle District of Tennessee. The court is weighing the defense effort to end the prosecution before the criminal case moves further.

The indictment grew out of a 2022 traffic stop in which Abrego Garcia was found with eight other people in the car. Federal authorities later charged him in the human smuggling case now before Crenshaw.

Abrego Garcia had previously been deported to El Salvador before he returned to Tennessee to face the federal charges. That sequence has placed his criminal prosecution alongside a separate immigration fight, but the two matters are not the same case.

The criminal case is separate from his civil deportation litigation. That distinction leaves the Nashville prosecution on its own track even as his name, Kilmar Abrego Garcia, has circulated in broader legal and political arguments tied to immigration enforcement.

The defense motion focuses on vindictive prosecution, a claim that prosecutors brought charges for improper reasons. Crenshaw’s finding of a “realistic likelihood of vindictiveness” did not end the case, but it changed the legal posture by requiring the government to answer that concern.

Prosecutors have resisted that effort and urged the court to keep the indictment in place. The lead prosecutor’s statement that charging Abrego Garcia was “the right thing to do” framed the government’s position in direct terms.

That leaves the next step in Crenshaw’s hands. He must decide whether the government has rebutted the presumption raised by his earlier finding or whether the defense request to dismiss the indictment should succeed.

The hearing in Nashville stands as the immediate focal point in the case. Any ruling from Crenshaw would shape whether the human smuggling prosecution against Abrego Garcia continues in the U.S. District Court for the Middle District of Tennessee or ends on the defense claim of vindictive prosecution.

The present record, however, remains straightforward on one point: no dismissal has occurred. The case against Kilmar Abrego Garcia is still pending before Crenshaw in federal court in Nashville.