Judge Orders Release of MS-13 Murder Convict After 5 Months Without Bond Hearing
Updated
Updated · Yahoo! Voices · Sep 6
Judge Orders Release of MS-13 Murder Convict After 5 Months Without Bond Hearing
3 articles · Updated · Yahoo! Voices · Sep 6
Summary
August 26 court order required ICE to free David Antonio Aviles Perez, an alleged active MS-13 member convicted in absentia of aggravated murder in El Salvador, after finding his immigration detention unlawful.
Five months of custody without a bond hearing or individualized review drove the ruling, with Judge Jinsook Ohta saying officials showed no evidence they assessed danger to the public or flight risk.
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.
DHS confirmed the release on September 5 and denounced the decision as a public-safety risk; the department said ICE had arrested him in San Diego on March 26 on an international warrant.