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MS-13 Gang Member Released by Judge Sparks Controversy

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An MS-13 gang member, David Antonio Aviles Perez, recently gained his release from federal custody in California. The decision by U.S. District Judge Jinsook Ohta has rattled the Trump administration. Aviles Perez, known as “the witch,” was deemed unlawfully detained after immigration officials failed to provide a bond hearing or assess potential risks.

Markwayne Mullin, the Department of Homeland Security Secretary, criticized the judge for endangering the public. Aviles Perez is wanted for murder in El Salvador, carrying convictions tied to brutal MS-13 gang activity. Mullin expressed concerns, asserting that this release marks the second time Aviles Perez has been freed in California, attributing blame to sanctuary policies.

“This radical activist judge has put American lives at risk by releasing a wanted murderer,” Mullin stated.

In 2014, Aviles Perez and MS-13 associates committed a heinous crime in El Salvador, leading to his 20-year prison sentence. Legal battles ensued about the Trump administration’s authority regarding immigrant detainments. Despite his conviction, Aviles Perez entered the U.S. under undisclosed circumstances, later facing charges in California. He assaulted a homeless man, swinging a machete, yet California’s sanctuary laws complicated cooperation between local and federal agencies.

Immigration officials apprehended him again in San Diego with deportation plans to El Salvador underway. The prolonged detention without appropriate proceedings led Aviles Perez to challenge his situation legally. Judge Ohta ruled that federal authorities violated his due process rights, emphasizing the absence of an individualized assessment. Thus, she ordered his release with specific limitations on re-detainment.

California Governor Gavin Newsom appointed Ohta to the San Diego County Superior Court, whereas President Joe Biden nominated her to the U.S. District Court for Southern California. Mullin reiterated DHS’s commitment to continuing immigration enforcement, notwithstanding judicial hurdles.

DHS and ICE aim to ensure American safety amid criticisms over California’s handling of such cases. Mullin reaffirmed that the administration will uphold its immigration policies despite opposing judicial decisions.

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