A federal judge in California appointed by former President Joe Biden has ordered U.S. Immigration and Customs Enforcement to release David Antonio Aviles-Perez, an alleged MS-13 gang member wanted in El Salvador in connection with a murder conviction. President Donald Trump designated MS-13 a foreign terrorist organization in 2025.
Aviles-Perez, an illegal immigrant with a lengthy criminal record in the United States, was released Wednesday following an order from U.S. District Judge Jinsook Ohta.
The Department of Homeland Security said Aviles-Perez is the subject of an international warrant tied to aggravated murder in El Salvador. DHS also said he has previously been arrested in California on charges including assault with a deadly weapon, possession of a controlled substance and petty theft.
ICE took Aviles-Perez into custody in March after he was released from local custody following an arrest for assault with a deadly weapon. At the time, the agency sharply criticized California’s sanctuary policies, arguing they allowed a dangerous offender to return to the community. Acting Assistant Secretary Lauren Bis said then, “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.”
DHS said Aviles-Perez entered the United States unlawfully at an unknown time and location. Before the judge’s order, he had been held in ICE custody while awaiting removal and extradition proceedings to El Salvador, where authorities say he is wanted on the outstanding murder warrant.
Details surrounding the Salvadoran murder case were reported by the New York Post. According to the Post, the international warrant is linked to a conviction stemming from a 2014 killing in El Salvador.
Salvadoran authorities sentenced Aviles-Perez in December to 20 years in prison for the killing of a rival, which prosecutors said he carried out with an accomplice. The Post reported that Aviles-Perez, also known by the nickname “la bruja,” or “the witch,” and others shot and killed the victim during a dispute.
The Post also cited a police report saying officers in Monterey, California, arrested Aviles-Perez after he allegedly attacked a homeless man by swinging a machete at him.
Judge Ohta was appointed to the federal bench as a U.S. District Judge for the Southern District of California by President Biden in 2021. She was lauded as being the first Asian Pacific American female judge on the District Court. In her Wednesday ruling, Ohta instructed ICE to release Aviles-Perez, despite the international murder warrant, unless federal authorities prove he poses a danger to the community or is a flight risk. At the time of his last criminal arrest in California, Aviles-Perez was listed as being in a “transient” status.
Homeland Security Secretary Markwayne Mullin expressed his outrage at Ohta’s ruling, saying, “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.”
Randy Clark is a 32-year veteran of the United States Border Patrol. Before his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X (formerly Twitter) @RandyClarkBBTX.
