Judge Orders Release of MS-13 Member Despite Murder Charges

A U.S. District Judge in California, appointed by President Joe Biden, has ordered the release of a known MS-13 gang member, David Antonio Aviles-Perez, who is wanted in connection with a murder conviction in El Salvador. In 2025, under President Donald Trump, MS-13 was designated as a foreign terrorist organization.

Aviles-Perez, an undocumented immigrant with a troubling criminal history in the U.S., was set free on Wednesday following Judge Jinsook Ohta’s ruling.

The Department of Homeland Security has indicated that Aviles-Perez is the target of an international warrant for aggravated murder from El Salvador. His arrest record in California includes serious charges like assault with a deadly weapon, possession of controlled substances, and petty theft.

In March, ICE apprehended Aviles-Perez after his release from custody on an assault charge. The agency criticized California’s sanctuary policies for allowing a dangerous criminal to go free. Acting Assistant Secretary Lauren Bis commented, stating, “ICE arrested this dangerous criminal illegal alien and MS-13 gang member wanted in El Salvador for murder. Gavin Newsom’s sanctuary policies allowed this gang member to be released from jail after his arrest for assault with a deadly weapon, possession of a controlled substance, and petty theft. Releasing this gang member back into California neighborhoods put American lives at risk.”

According to DHS, Aviles-Perez entered the U.S. illegally at an unspecified time and location. Prior to his release, he was in ICE custody awaiting deportation and extradition to El Salvador to face the murder charges hanging over him.

The specifics of the murder for which Aviles-Perez was convicted were detailed in a report by the New York Post. The international warrant for his arrest relates to a murder he committed in 2014 in El Salvador.

In December, he was sentenced to 20 years in prison in El Salvador for the murder of an enemy, which he carried out with an accomplice. Reports indicate that Aviles-Perez, known by the nickname “la bruja,” and his associates shot and killed the victim during a confrontation.

A police report highlighted that he was arrested in Monterey, California after allegedly attacking a homeless person with a machete.

Judge Ohta, who was appointed by President Biden in 2021, is recognized as the first Asian Pacific American woman to serve on the District Court. During her ruling, she instructed ICE to release Aviles-Perez unless the federal authorities could demonstrate that he posed a danger to the community or presented a flight risk. At the time of his latest arrest, Aviles-Perez was reportedly listed as “transient.”

Homeland Security Secretary Markwayne Mullin expressed his indignation at the ruling, criticizing it as a decision that endangers American lives. He remarked, “This radical activist judge has put American lives at risk by releasing a wanted murderer. This is now the SECOND time this dangerous illegal has been released back onto the streets in California. Because sanctuary politicians want to play politics from the bench, innocent Americans are in danger. DHS and ICE will not be deterred by these partisan games. If California’s leaders won’t protect Americans, DHS will.”