A federal judge in California, appointed by former President Joe Biden, has directed U.S. Immigration and Customs Enforcement to release David Antonio Aviles-Perez, whom federal officials identify as an MS-13 gang member wanted in El Salvador in connection with an aggravated murder case. President Donald Trump designated MS-13 a foreign terrorist organization in 2025.
Aviles-Perez, described by authorities as an illegal alien with a lengthy criminal record in the United States, was released from ICE custody on Wednesday following an order from U.S. District Judge Jinsook Ohta.
The Department of Homeland Security says Aviles-Perez is the subject of an international warrant out of El Salvador for aggravated murder. Federal officials also cite prior arrests in California involving assault with a deadly weapon, controlled substance possession, and petty theft.
ICE took Aviles-Perez into custody in March after he had been released from local custody following an arrest for assault with a deadly weapon. At the time, DHS sharply criticized California’s sanctuary policies, arguing they had allowed a dangerous criminal alien 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 officials say Aviles-Perez entered the United States unlawfully at an unknown time and place. Before the judge’s order, he had been held by ICE while awaiting removal and potential extradition to El Salvador, where authorities are seeking him on the outstanding murder warrant.
The details of the murder Aviles-Perez was convicted of in El Salvador were outlined in a report by the New York Post. According to the Post, the international warrant for his arrest stems from a conviction for a 2014 murder Aviles-Perez committed in his home country.
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In December, authorities in El Salvador sentenced the violent gang member to a term of 20 years in prison for the murder of an enemy with the help of an accomplice. According to the Post’s report, Aviles-Perez, also known as “la bruja” or “the witch,” and his associates shot and killed the victim during a dispute.
According to a police report obtained by the Post, law enforcement authorities in Monterey, California arrested Aviles-Perez after he allegedly attacked a homeless man by swinging a machete at the victim.
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.