Judge Paula Xinis questioned the Justice Department over the timing of a criminal investigation of Salvadorian migrant Abrego Garcia, who was returned after his erroneous deportation.

An assistant director for U.S. Immigrations and Customs Enforcement, testified in a Maryland federal court that ICE would detain Kilmar Abrego Garcia as soon as he’s released to await trial on human smuggling charges.

After four hours of testimony, a federal judge ordered the parties to return Friday morning to weigh a potential emergency order setting a 48-hour pause on any removal efforts.