- October 3, 2026
- Updated 2:37 pm
MS-13 Gang Member Released by Federal Judge Sparks Controversy
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- September 6, 2026
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An MS-13 gang member, David Antonio Aviles Perez, was released from federal custody after a federal judge’s order, causing outrage from the Trump administration.
Judge’s Order for Immediate Release
U.S. District Judge Jinsook Ohta ordered the release of Aviles Perez, citing that immigration officials detained him for five months without a bond hearing or assessing his threat to the public. Markwayne Mullin, the Secretary of the Department of Homeland Security (DHS), criticized the judge, stating that the decision endangers the public.
Background on Aviles Perez
Aviles Perez, also known as “the witch,” stands convicted of a 2014 execution-style murder in El Salvador. He remains a wanted figure in El Salvador, identified by prosecutors as a notorious MS-13 member. Despite being sentenced to 20 years for aggravated murder, his legal battles continue in the U.S.
Legal Proceedings and Controversy
The judge’s decision follows a petition by Aviles Perez challenging his detention. Judge Ohta found that his Fifth Amendment rights were violated as he was held without an individualized risk assessment. This ruling does not absolve him of any accusations but questions the procedural adherence by immigration officials.
Public Reaction and Political Implications
Secretary Mullin condemned the release, referring to it as an outcome of political maneuvering by “sanctuary politicians.” He pledged that DHS would continue its immigration enforcement measures. The event further highlights friction between federal immigration authorities and California’s policies.