A federal judge in California ordered the immediate release of David Antonio Aviles Perez, a 35-year-old MS-13 gang member convicted in a 2014 execution-style murder in El Salvador. The decision came after immigration officials held him for five months without a bond hearing or an individualized assessment of whether he posed a danger or flight risk.
U.S. District Judge Jinsook Ohta ruled that the government’s detention violated due process, prompting the Department of Homeland Security (DHS) to condemn the release as endangering public safety. DHS Secretary Markwayne Mullin stated that Aviles Perez, also known as "the witch," had been released twice previously in California, framing the decision as part of a broader pattern of judicial leniency.
Legal and procedural background
The case stems from Aviles Perez’s 2014 conviction in El Salvador for aggravated murder, where prosecutors allege he and another MS-13 member chased a victim before fellow gang members forced the man to kneel and executed him. Aviles Perez was later deported to the U.S. and arrested by Immigration and Customs Enforcement (ICE) in 2025. Immigration officials detained him while removal proceedings were pending, but Judge Ohta found the detention unlawful due to the lack of a bond hearing.
Political and policy responses
Mullin’s statement emphasized the administration’s stance that Aviles Perez represents a public safety threat, arguing that sanctuary policies and judicial decisions were enabling dangerous individuals to remain in the U.S. The DHS did not provide additional details on the circumstances of his prior releases or the current status of removal proceedings.
Gang affiliation and legal status
Aviles Perez, identified by Salvadoran prosecutors as an active MS-13 member, was sentenced to 20 years in prison in El Salvador. His U.S. detention followed his deportation, though the timeline and legal basis for his re-entry remain unclear in available reporting. The case has reignited debates over immigration enforcement, judicial discretion, and the treatment of gang-affiliated individuals in removal proceedings.
Ongoing implications
The ruling raises questions about the detention standards for immigrants facing removal, particularly those with criminal histories. Legal experts note that the decision does not address the underlying charges or conviction but focuses solely on procedural compliance. The DHS has not indicated whether it plans to appeal the ruling or adjust detention policies in response.
For now, Aviles Perez remains at large in California, with no further updates on his whereabouts or legal status provided by authorities.