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2 clusters · 10 sources · 3 days · First seen · Last updated

Legal dispute over detention of Salvadoran national

Overview

A U.S. District Judge in San Diego ordered the release of David Antonio Aviles Perez, a Salvadoran national and alleged MS-13 member, from federal custody. Aviles Perez, known as ‘La Bruja’ or ‘The Witch,’ was wanted internationally for an aggravated murder in El Salvador for which he had been convicted in absentia.

Judge Jinsook Ohta ruled that the government violated Aviles Perez’s Fifth Amendment due-process rights by detaining him for five months without a bond hearing or an individualized determination regarding his status as a flight risk or a danger to the community. The court mandated that immigration officials cannot re-arrest him until a bail hearing is conducted, at which point the government must prove by ‘clear and convincing evidence’ that he poses a danger to the public.

The ruling does not overturn the murder conviction or clear Aviles Perez of prior offenses, including a 2023 arrest in Monterey for an alleged machete attack. Department of Homeland Security Secretary Markwayne Mullin criticized the decision, stating it put American lives at risk by releasing a wanted murderer.

Entities

David Antonio Aviles Perez · Jinsook Ohta · ICE · Department of Homeland Security · Markwayne Mullin

Timeline

  1. 4 days ago

    [CRIME] 2 sources
    Federal judge orders ICE to release Salvadoran murder convict

    A San Diego federal judge ordered ICE to release a Salvadoran man convicted of murder, ruling that his prolonged detention without an individualized bond hearing violated Fifth Amendment due process.

  2. 6 days ago

    [POLITICS] 8 sources
    Judge orders release of MS-13 member wanted for murder in El Salvador

    A federal judge in California ordered the release of David Antonio Aviles Perez, an MS-13 member wanted in El Salvador for murder, citing due process violations during his ICE detention.

Sources

afnn.us · anglophone-direct.com · breitbart.com · freerepublic.com · justthenews.com · offthepress.com · thelibertydaily.com · thepatriotchronicles.com · timesofsandiego.com · wltreport.com