Controversial Release of MS-13 Member Ignites Criticism

A federal judge in California has ordered the release of MS-13 gang member David Antonio Aviles Perez, sparking criticism from the Trump administration. Aviles Perez, also known as ‘the witch,’ was released after U.S. District Judge Jinsook Ohta determined that immigration officials had detained him for five months without a bond hearing or assessing his potential threat to the public.

Government Reaction

Markwayne Mullin, Secretary of the Department of Homeland Security (DHS), condemned the judge’s decision, stating that it endangered American lives. He emphasized that Aviles Perez had been released in California twice, criticizing local sanctuary policies for compromising public safety. Mullin’s statement reflects ongoing concerns about the effects of sanctuary laws on law enforcement.

Aviles Perez’s Background

Authorities in El Salvador have identified Aviles Perez as a prominent MS-13 gang member. He was convicted of a brutal 2014 gang killing in El Salvador and sentenced to 20 years in prison for aggravated murder. The incident involved Aviles Perez and other gang members chasing and executing a man in a mountainous region of La Unión.

After entering the U.S. at an unknown time and location, Aviles Perez was arrested in Monterey, California, in 2023. He allegedly attacked a homeless man with a machete, leading to his arrest and conviction. Despite this, California’s sanctuary policies resulted in his release from custody, prompting further criticism from DHS.

Legal Proceedings and Release

Aviles Perez was taken into custody again by ICE agents in San Diego in March. He remained detained at the Otay Mesa Detention Center awaiting deportation to El Salvador. However, Judge Ohta ordered his release after Aviles Perez filed a petition challenging his detention. Ohta ruled that his Fifth Amendment rights were violated due to a lack of an individualized assessment of his risk to the public.

The judge’s decision mandated Aviles Perez’s release unless an immigration judge conducted a bond hearing to evaluate the necessity of his detention. This ruling did not absolve Aviles Perez of any wrongdoing but focused on the procedural handling of his detention.

Judicial Background

Judge Jinsook Ohta’s decision is rooted in legal procedure, highlighting the importance of due process in detention cases. Appointed by California Governor Gavin Newsom in 2020, Ohta was later nominated by President Joe Biden to the U.S. District Court for the Southern District of California.

Despite the judicial ruling, DHS Secretary Mullin asserted that their immigration enforcement efforts would continue unaffected by what he described as ‘partisan games.’ He reaffirmed the agency’s commitment to ensuring public safety and border security.

Fox News Digital contacted Judge Ohta’s office for additional insights on Aviles Perez’s release.