Accused MS-13 gang leader set for deportation after judges drop charges
A
US federal judge
on Wednesday dismissed all criminal charges against
Henrry Josue Villatoro Santos
, a 24-year-old Salvadoran national accused of being an
MS-13 leader
on the East Coast, clearing the way for his
deportation
, according to his attorney.
The Justice Department's request to withdraw charges earlier this month signalled their intention to deport Villatoro Santos.
The presence of a US marshal from the Fugitive Task Force at the hearing suggested imminent transfer to immigration custody. "They're likely to take him very quickly," stated defence attorney Muhammad Elsayed following the hearing, according to CBS news.
Henrry Villatoro Santos was arrested on March 27 during a raid at his home in Woodbridge, Virginia, and charged with being an
undocumented immigrant
in possession of a firearm.
Authorities identified him as one of the top three MS-13 gang leaders in the US and found gang-related items in his bedroom and garage.
Earlier on April 9, Attorney General Pam Bondi requested the charges be dropped to allow for his immediate deportation to El Salvador instead of a lengthy prison sentence in the US.
A federal judge briefly delayed the motion on April 18, but it was approved on Wednesday by US District Court Judge Claude Hilton.
Despite allegations of unspecified violent crimes and leadership in criminal activities nationwide, the Justice Department's pursuit of charge dismissal has not publicly connected him to any violent acts.
"This is an unusual case," Elsayed stated in court, noting the court's responsibility "to determine whether the motion was made in good faith."
He highlighted the Justice Department's lack of explanation for withdrawing charges and questioned the uncertainty of subsequent legal procedures. "There will likely be additional proceedings," Elsayed noted post-hearing, CBS reported.
The defence counsel criticised the Justice Department's use of Rule 48(a) for dismissing the indictment, suggesting it circumvented due-process protections.
"They want to deport him without due process," Elsayed stated, referencing Bondi's statements and noting the department of homeland security's limited involvement. Government lawyers responded that the defence had already extended the case beyond its initial request.
The department of homeland security's Assistant Secretary Tricia McLaughlin told Fox News Digital about the increasing desperation amongst gangs, noting that authorities apprehended 2,394 undocumented gang members during Trump's initial 100-day period.
"This is just the beginning," she said.
"This is just 100 days. We want to get these arrest numbers up. We want to get MS-13, Tren de Aragua these really bad actors — out of our country. And that's what we're going to deliver on," she added.
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