An MS-13 gang member, convicted of murder, was released in California after a federal judge’s order, causing controversy with the Trump administration. U.S. District Judge Jinsook Ohta found immigration officials detained David Antonio Aviles Perez for five months without a bond hearing or assessing his risk.
Department of Homeland Security (DHS) Secretary Markwayne Mullin criticized the decision, accusing the Biden-appointed judge of endangering the public. Mullin stated, “This radical activist judge has put American lives at risk by releasing a wanted murderer.” He emphasized the danger of releasing Aviles Perez under the current immigration and sanctuary policies in California.
Aviles Perez, known as “La Bruja” or “The Witch,” is wanted for murder in El Salvador. Convicted outside the country in December 2025, he was sentenced to 20 years for aggravated murder. According to DHS, Aviles Perez entered the U.S. at an unknown date and location and was arrested in Monterey in 2023 for an unrelated violent incident.
Ohta ruled that immigration officials violated due process, holding Aviles Perez without evaluating whether he posed a public threat or flight risk. The judge demanded his release, barring ICE from detaining him again without a bond hearing.
DHS officials argue that the ruling doesn’t clear Aviles Perez but questions the legal procedures of his detention. They promised intensified efforts for immigration enforcement despite judicial challenges.
Judge Ohta’s decision raises concerns over the balance between legal processes and public safety risks. The ruling emphasizes the importance of thorough assessments in detention cases.
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