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Judge Jinsook Ohta Orders Release of MS-13 Gang Member David Antonio Aviles Perez from Federal Custody

U.S. District Judge Jinsook Ohta ordered the immediate release of David Antonio Aviles Perez, a 35-year-old illegal immigrant and active MS-13 gang member known as "the witch." Aviles Perez was held in federal custody for five months pending his removal to El Salvador, where he was convicted in absentia of aggravated murder for a 2014 killing. Judge Ohta ruled that immigration officials violated Aviles Perez's Fifth Amendment due process rights by holding him without an individualized assessment of whether he posed a danger to the public or a flight risk. The administration announced that the ruling was a result of the judge's failure to provide evidence of a bond hearing or a process to justify the detention. Homeland Security Secretary Markwayne Mullin criticized the decision, stating that the radical activist judge put American lives at risk. The administration noted that this is the second time this dangerous illegal immigrant has been released back into California neighborhoods due to the state's sanctuary policies. DHS officials stated that the administration will not be deterred by these partisan games and will continue its immigration crackdown.

Sources