Judge dismisses charges against man accused by attorney general, FBI director of being MS-13 leader
Senior U.S. District Judge Claude M. Hilton on Wednesday dismissed criminal charges against Henrry Villatoro Santos, a Virginia man accused of being a regional leader of the violent MS-13 gang, clearing the way for expedited deportation proceedings.
Earlier this month, the Justice Department asked the court to drop the charges, indicating the government planned to deport Villatoro Santos. A U.S. marshal from the Fugitive Task Force was in the courtroom, suggesting Villatoro Santos could be transferred into immigration custody after the hearing.
"They're likely to take him very quickly," Villatoro Santo defense attorney, Muhammad Elsayed, said after the hearing.
Villatoro Santos's arrest was announced last month in a nationally televised news conference featuring Attorney General Pam Bondi, who alleged he was the "East Coast leader" of the MS-13 transnational gang. He was accused of unspecified violent crimes and helping to lead the gang's criminal attacks across the country. But as the Justice Department has pursued the dismissal of charges against Villatoro Santos, it has not publicly tied him to any acts of violence. His attorneys have repeatedly questioned the nature of the proceedings.
"This is an unusual case," Elsayed said in court, emphasizing that it was up to the court "to determine whether the motion was made in good faith." He argued that the Justice Department had provided "no explanation whatsoever" for withdrawing the charges and questioned the lack of clarity regarding what legal process would follow.
"There will likely be additional proceedings," Elsayed said after the hearing.
Villatoro Santos was facing a federal felony gun possession charge in Virginia. Charging documents in his criminal case made only a fleeting reference to MS-13. An immigration officer's affidavit said, "FBI agents and TFOs also observed indicia of MS-13 association in the garage bedroom" of Villatoro-Santo's home.
Villatoros Santo's attorney accused the Justice Department of misusing Rule 48(a) — the procedural tool used to dismiss the indictment — arguing it amounted to an attempt to bypass due-process protections. "They want to deport him without due process," Elsayed said, referencing statements by Bondi and criticizing the lack of input from the Department of Homeland Security.
"The court has to dig deeper than just the basic motion," Elsayed argued, alleging "prosecutorial harassment" and drawing parallels to other politically sensitive case dismissals, including that of New York City Mayor Eric Adams.
"The DOJ did not seek to remove this case without knowing what's coming next," Elsayed said, warning of a potential "unlawful deportation" and citing past instances when the administration had "defied court orders" in deportation cases.
Government attorneys countered that the defense had already delayed the case beyond its initial request, arguing, "The defendant cannot continue to tread water on the criminal docket."
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