Source: Fox News
Introduction
A federal judge in California has ordered the immediate release of a convicted MS-13 gang member who was previously convicted of a savage, execution-style murder in El Salvador. The decision to free 35-year-old David Antonio Aviles Perez, also known as "The Witch" or "La Bruja," has sparked fierce criticism from the Trump administration and renewed debates over immigration enforcement.
Department of Homeland Security (DHS) Secretary Markwayne Mullin sharply denounced the ruling by U.S. District Judge Jinsook Ohta. Mullin argued that releasing a wanted murderer places American lives in severe jeopardy and accused the judicial system of prioritizing political agendas over public safety.
What Happened
U.S. District Judge Jinsook Ohta ruled that federal immigration authorities violated the Fifth Amendment due process rights of Aviles Perez. Officials held the MS-13 gang member in federal custody for nearly five months at the Otay Mesa Detention Center without granting him an individualized bond hearing or formally assessing whether he represented a flight risk or a public danger.
The court's directive ordered the immediate release of Aviles Perez and explicitly barred Immigration and Customs Enforcement (ICE) from detaining him again unless an immigration judge conducts a bond hearing first. Following the August 26 release order and a subsequent status report filed the following day, federal authorities confirmed that the inmate was freed from custody.
Background
The legal controversy stems from a brutal 2014 gang killing that occurred in a mountainous region of La Unión, El Salvador. According to Salvadoran prosecutors, Aviles Perez and another gang member pursued a victim through the terrain before forcing him to kneel while held by the shoulders. The attackers subsequently shot the victim in the chest, back, and face before escaping. Both defendants were tried in absentia and convicted in December 2025, resulting in 20-year prison sentences for aggravated murder.
At an unspecified date, Aviles Perez entered the United States. He was initially arrested in Monterey, California, in 2023 after allegedly swinging a machete at a homeless man near Laguna Grande Park and Monterey State Beach. Police recovered the weapon from a nearby hotel parking lot. Although convicted following that incident, he was later released, with DHS attributing his freedom to local sanctuary policies that restrict cooperation between local police and federal immigration agencies.
Timeline
| Year / Date | Event |
|---|---|
| 2014 | Execution-style murder of a victim in La Unión, El Salvador, involving MS-13 gang members. |
| May 2023 | Aviles Perez arrested in Monterey, California, for allegedly swinging a machete at a homeless man. |
| December 2025 | Convicted in absentia by Salvadoran prosecutors and sentenced to 20 years in prison for aggravated murder. |
| March 26 | ICE agents arrest Aviles Perez in San Diego, placing him in custody pending removal to El Salvador. |
| August 26 | U.S. District Judge Jinsook Ohta orders the immediate release of Aviles Perez after a five-month detention. |
| August 27 | A status report is filed in federal court one day following the judge's release order. |
Key Details
Judge Ohta emphasized in her written decision that the government failed to present evidence demonstrating that it considered Aviles Perez's danger to the community or flight risk prior to detaining him. The court noted that officials provided the detainee with no process either before or after taking him into custody.
Furthermore, the ruling did not clear the MS-13 gang member of his criminal wrongdoing or determine that he poses no threat. Instead, the judicial review centered strictly on whether immigration enforcement agencies adhered to mandatory procedural requirements before keeping him locked up.
Impact
The high-profile release has intensified political tensions between federal immigration authorities and state-level policies in California. DHS leadership argued that sanctuary laws and judicial decisions undermine federal deportation operations and allow dangerous individuals to roam free within communities.
Secretary Mullin maintained that local and federal sanctuary practices hinder law enforcement objectives. He underscored that the Trump administration remains committed to pursuing immigration enforcement actions despite legal setbacks and judicial rulings.
What Happens Next
DHS leadership has vowed that the court ruling will not derail ongoing immigration crackdowns or ICE enforcement operations. Officials indicated that federal agencies will continue pursuing removal proceedings and deportations. Meanwhile, federal authorities have reached out for additional comment and confirmation regarding the ongoing legal status of the case.
