MS-13 murder convict, 'the witch,' released in California without a bond hearing
Key Points:
- A federal judge in California, Jinsook Ohta, ordered the immediate release of MS-13 gang member David Antonio Aviles Perez, citing a violation of his Fifth Amendment due process rights due to lack of a bond hearing or individualized assessment of danger or flight risk.
- Aviles Perez, convicted in El Salvador for a brutal 2014 gang-related murder and later arrested in the U.S. for violent incidents, had been held in immigration custody pending removal proceedings before the judge’s ruling.
- Department of Homeland Security Secretary Markwayne Mullin condemned the release, accusing the judge of endangering public safety and blaming California’s sanctuary policies for limiting cooperation with federal immigration enforcement.
- The judge’s ruling focused solely on procedural due process violations and did not exonerate Aviles Perez or assess his threat level, but barred ICE from detaining him again without a bond hearing.
- DHS affirmed its commitment to immigration enforcement despite the ruling, while the case highlights ongoing tensions between federal immigration authorities and sanctuary policies in California.