Latest news with #Rule48
Time of India
02-05-2025
- Politics
- Time of India
Accused MS-13 gang leader set for deportation after judges drop charges
Alexandria Sheriff's Office photograph of Henrry Josue Villatoro Santos. 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.
CBS News
30-04-2025
- Politics
- CBS News
Judge dismisses charges against man accused by attorney general, FBI director of being MS-13 leader
Why the DOJ wants to drop charges against an alleged MS-13 gang 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."
