Oct. 4 (UPI) — A federal judge has ordered a hearing to determine if the Justice Department is engaged in a vindictive prosecution of El Salvadoran immigrant Kilmar Abrego Garcia.

U.S. District Court for Middle Tennessee Judge Waverly Crenshaw Jr. in a 16-page ruling on Friday granted a motion by Garcia’s defense team that seeks a hearing regarding a potential vindictive prosecution.

“The timing of Abrego’s indictment suggests a realistic likelihood that senior DOJ and [Homeland Security] officials may have induced Acting U.S. Attorney McGuire (albeit unknowingly) to criminally charge Abrego in retaliation for his Maryland lawsuit,” Crenshaw wrote.

The Maryland lawsuit refers to Garcia’s successful legal challenge in a federal court there, in which he showed the Department of Homeland Security erred when it deported him to El Salvador, which is his nation of citizenship.

While Garcia is subject to deportation, an immigration judge had ruled he can’t be deported to El Salvador, where Garcia, an alleged member of MS-13, said his life would be in danger from a rival gang.

That rival gang is Barrio 18, which is active in the United States as the 18th Street Gang.

El Salvador since has cracked down on gang activities and imprisoned many gang members.

Crenshaw said Homeland Security Sec. Kristi Noem and Attorney General Pam Bondi each publicly “celebrated the charges against him,” CNN reported.

Such public celebrations are insufficient to show vindictive prosecution, though, according to The New York Times.

Instead, Garcia must show federal prosecutors improperly filed criminal charges against him as punishment for his Maryland court challenge.

Crenshaw said Garcia has shown the possibility that the prosecution is vindictive by initiating an investigation into the Tennessee traffic stop within days of the Supreme Court upholding lower court rulings requiring the Trump administration to facilitate Garcia’s return from El Salvador.

The matter arises from a Nov. 30, 2022, traffic stop of Garcia, in which Tennessee police found him traveling from Texas to Maryland with eight passengers and driving without a valid license, Crenshaw said.

The Tennessee police released Garcia with a warning regarding his expired driver’s license and did not charge him with any crimes or civil infractions.

After securing a two-count federal indictment against Garcia on May 21, the Trump administration flew Garcia back to the United States on June 6 to face prosecution for alleged human trafficking and conspiracy.

“Abrego has carried his burden of demonstrating some evidence that the prosecution against him may be vindictive,” Crenshaw wrote.

He said the Justice Department must provide “objective, on-the-record explanations” regarding the prosecution that was brought after the Biden administration said there is no evidence of wrongdoing by Garcia.

A hearing date has not been scheduled regarding the alleged vindictive prosecution.

If Crenshaw rules the prosecution is vindictive, he could dismiss the case against Garcia, who remains subject to deportation.

Former President Barack Obama nominated Crenshaw to the federal court in 2015.