Kilmar Abrego Garcia, who was wrongly deported in March before being brought back to the U.S., was released from criminal custody in Tennessee on Friday.

The motion seeks to dismiss the human smuggling charges against Kilmar Abrego García and comes just days before his possible release from criminal custody in Tennessee.

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,

Kilmar Abrego Garcia's attorneys accuse the DOJ of 'vindictive and selective prosecution,' move to dismiss criminal case.