In a surprising move, a Nevada judge has ordered the immediate release of an illegal immigrant and MS-13 gang member who was previously convicted of murder, despite objections from the Justice Department.
U.S. District Judge Richard F. Boulware II, appointed by former President Obama, made the decision on January 21 regarding 54-year-old Harvey Laureano-Rosales, who came to the U.S. illegally back in 1987 from El Salvador.
Court documents indicate that his release was mandated because the government had attempted to deport him to Mexico without following proper legal procedures, breaching the Administrative Procedure Act.
The U.S. Attorney’s Office for Nevada expressed intentions to pursue further legal actions, asserting that Laureano-Rosales’ release creates a potential danger to public safety.
Sigal Chata, an assistant U.S. attorney, stated, “Our primary focus is on public safety and law enforcement. However, releasing a convicted murderer and known MS-13 member raises significant safety concerns.”
She added that they are quite worried about the risks this poses to the community and will explore every legal option to address these issues.
According to the U.S. Attorney’s Office, Laureano-Rosales has a final deportation order and should remain in immigration custody under federal law, making his release a violation.
As his immigration case continued, the 9th Circuit Court had already mandated his deportation, which typically means he should have remained in mandatory detention as per federal immigration laws.
Notably, Laureano-Rosales entered the U.S. at just 16, became associated with MS-13, and established a pattern of violent crime. He was convicted of several gang-related offenses, including first-degree murder, but was granted parole in November 2022.
After a short period of freedom, he was subsequently detained by ICE and has remained in custody for the past two and a half years.
Defense lawyers argue that he should not be deported under the current administration, contending he is no longer affiliated with MS-13 or the Mexican Mafia and would face severe danger if sent back to El Salvador or Mexico.
