Abrego Garcia had been in government custody since he was apprehended by immigration authorities in Maryland in March and illegally deported.

Lawyers for Kilmar Abrego Garcia asked a federal judge on Tuesday to dismiss a human smuggling case against him, saying the government was prosecuting the Maryland construction worker to punish him for challenging his removal to El Salvador.

Kilmar Abrego Garcia, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador, is seen wearing a Chicago Bulls hat, in this handout image obtained by Reuters on April 9,