The Trump administration has said for months that Kilmar Abrego Garcia, who was deported to El Salvador in March and returned to the U.S. last month after a court order, was an MS-13 gang member.

When it came time to prove it in court, however, the judge was not convinced and ruled that Abrego Garcia should not be detained by the DOJ.

The administration's proof “consists of general statements, all double hearsay, from two cooperating witnesses,” U.S. Magistrate Judge Barbara Holmes said.

A third witness contradicted the first two, saying that “in ten years of acquaintance with Abrego, there were no signs or markings, including tattoos, indicating that Abrego is an MS-13 member,” Holmes wrote.

"Insufficient"

Because of the conflicting evidence, “the government’s evidence of Abrego’s alleged gang membership is simply insufficient,” according to Holmes.

The administration has appealed the order and asked for Abrego Garcia to be kept in criminal custody.

If his release goes forward, he will still face detention by ICE because of his illegal status.

He will also face criminal charges from the DOJ that could result in his deportation or further detention.

"Academic exercise"

Holmes noted that the ruling could be nothing more than an "academic exercise" because of the other charges facing Abrego Garcia and his status as an illegal immigrant.

Abrego Garcia has aroused the interest of liberal interests and will surely have the means to continue his legal fight with the best representation available.

There's still a good chance his lawyers can find a way to get him out of all of the legal entanglements he faces.

The ruling is a definite loss for the Trump administration, no matter what else happens to Abrego Garcia.

The case became a battle between the Democrats and Trump, and Democrats will no doubt see the ruling as a victory for anti-immigration forces.

The deportations will continue, however, so their victory will be pyrrhic at best, if it does come to pass.