A California judge freed a man ICE says is a wanted MS-13 killer with a 20-year murder sentence waiting for him in El Salvador, and the Trump administration says it never should have happened.
Story Snapshot
- ICE arrested David Antonio Aviles Perez in San Diego in April, holding him for removal to El Salvador on an aggravated murder case.
- He is identified by multiple reports as an active MS-13 member known as “La Bruja,” or “the Witch.”
- Federal Judge Jinsook Ohta, an appointee of former President Biden, ordered his release in late August.
- The Department of Homeland Security (DHS) calls Ohta a “radical activist judge” who put American lives at risk.
- The court order did not overturn his Salvadoran murder conviction or rule that he is safe.
ICE Arrests A Wanted Gang Member In San Diego
Immigration and Customs Enforcement (ICE) agents arrested Aviles Perez in San Diego in April 2026. He faced an aggravated murder warrant out of El Salvador and was held pending removal from the United States. Reports describe him as an active MS-13 gang member known by the alias “La Bruja,” Spanish for “the Witch,” and say he had been convicted in absentia of the killing.
Court and news accounts say Salvadoran authorities convicted him in December 2025 while he remained outside the country, sentencing him to 20 years in prison for aggravated murder. That conviction stands untouched. Nothing in the public record shows any court, in the United States or El Salvador, has found him innocent or overturned that sentence.
A Biden-Appointed Judge Orders His Release
Judge Jinsook Ohta, appointed under the Biden administration, granted a habeas petition on August 26 and ordered Aviles Perez’s immediate release. According to a docket summary of her ruling, she found “the government offered no evidence it made an individualized danger or flight-risk determination” before detaining him. She called the detention unconstitutional on those grounds.
Ohta’s order did not simply set him loose with no strings. She barred ICE from detaining him again unless an immigration judge first holds a bond hearing to justify continued custody. That distinction matters. The ruling focused on the paperwork behind his detention, not on whether he actually committed murder or poses a danger to the public.
DHS Fires Back At The Judge
The Department of Homeland Security confirmed the release on September 5 and did not hold back. “This radical activist judge has put American lives at risk by releasing a wanted murderer,” the agency said in a public statement. DHS framed the decision as part of a broader pattern of judges undercutting immigration enforcement meant to protect American communities.
DHS has used similar language before when courts released other MS-13 members, including the high-profile case of Kilmar Abrego Garcia last year. The department has repeatedly pointed to MS-13’s history of extreme violence, including machete attacks and gang murders, as reasons for holding suspected members without delay while removal proceedings move forward.
The Legal Fight Is Narrower Than It Sounds
Reporting on the case is careful to note the ruling did not exonerate Aviles Perez. One account states plainly that the order “bars ICE from detaining him again unless an immigration judge first holds a bond hearing, while leaving intact his 20-year Salvadoran murder conviction and making no finding that he is not dangerous”. The fight was over process, not innocence.
ICE Captures MS-13 Killer Known As 'The Witch.' A Biden Judge Just Let Him Go. https://t.co/lzdni86Udd
— Patrick Van Roy (@PatrickVan81948) September 7, 2026
That legal nuance is easy to lose in a story this alarming. A man convicted of murder and tied to one of the world’s most violent street gangs walked out of custody because the government allegedly skipped a required paperwork step. For conservatives who have watched judges slow-walk deportations for years, this looks like another case of legal technicalities protecting a violent criminal over public safety.
Why This Case Resonates With Frustrated Americans
Conservative voters have spent years watching MS-13 cases become political flashpoints, from mass gang takedowns touted by ICE to high-profile releases that draw outrage. This case fits that pattern exactly. A gang member with an alleged violent history and a foreign murder sentence gets released on a technicality, while the underlying danger he may pose gets set aside for a later hearing that has not yet happened.
Whether Ohta’s due-process concerns hold up under appeal remains to be seen. But the optics are stark: a Biden appointee freed a convicted killer tied to MS-13 while DHS insists the man remains a threat. Americans who back strong border enforcement will watch closely to see if he shows up for that bond hearing, or disappears into the country he was supposed to be removed from.
Sources:
redstate.com, nypost.com, wbap.com, dhs.gov, wfmd.com, ice.gov
