US District Judge William Fitzpatrick agrees to delay the Department of Justice’s motion to dismiss the case against Virginia-based Salvadoran national Henry Joseviretro Santos was accused of being the top leader of US MS-13 Gang
The ruling, which took over on Friday, directs the government to keep Villatro Santos under the control of former US s-Service, and will not be handed over to DHS officials until the appeal is resolved.
Villatro Santos was arrested less than a month ago in Woodbridge, Virginia, and was accused of being an illegal foreigner in possession of a firearm.
His famous arrest was overseen by Attorney General Pam Bondy, the US Attorney General of a nearby tactical center and FBI Director Kash Patel.
Judge Boasberg believes Trump’s administrators are lightly emptying.
The US District Court for the Eastern District of Virginia can be found in Alexandria, Virginia (Photo: Bonnie Cash/Getty Images) ((Bonnie Cash/Getty Images))
At the time, Bondi promoted his capture and called him the “Top MS-13 Leader” on the East Coast.
However, shortly afterwards, the Justice Department suddenly filed an allegation to dismiss their case against Villatro Santos.
His lawyer said at the April 15 hearing that the government had not made clear what his client’s next step was, suggesting that the Trump administration might move to immediately banish him without legitimate proceedings.
The suspect, the top leader of the MS-13, was arrested in Virginia on Thursday, March 27, 2025. ((Ingraham’s angle))
Viratro Santos’ lawyer, Mohammed Elseid, argued on April 15 that the decision to dismiss the case came from the Trump administration’s “high-up” and that if he was released he would be deported almost immediately to Secott, a Salvador prison that houses hundreds of US immigrants.
“They have already decided the outcome and he’ll be going to the worst prison in the Western Hemisphere,” Elseid said earlier this week.
During the hearing, his lawyer also called out the case of Kilmer Abrego Garcia, who was deported last month as a suspect in El Salvador.
Two federal judges from Texas and New York have also temporarily blocked Trump administrationThe use of alien enemy laws claims that there is probably no opportunity to seek habeas in U.S. courts based on the allegations that certain citizens are at risk of deporting them and that the plaintiff in question is removed by the Trump administration.
Attorney General Pam Bondi will speak at a press conference at the Department of Justice headquarters in Washington on Wednesday, April 16, 2025. (AP Photo/Jose Luis Magana)
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The update follows a 5-4 Supreme Court decision that lifted the lower court’s restraint order, allowing the Trump administration to temporarily resume its use of alien enemy law despite new due-process protections for immigrants.
The High Court said individuals scheduled to be deported must have the opportunity to challenge the removal with enough time to do so in a US court.
Jake Gibson of Fox News contributed to this report.
