The Justice Department on Wednesday filed a motion to dismiss its case against a Virginia-based Salvadoran national accused of being an MS-13 leader.

Henrry Jose Villatoro Santos’ only charge in federal court is listed as illegal firearms possession after FBI agents entered his residence in Woodbridge, Virginia — southwest of Washington, D.C. — and confiscated a Taurus, model G2C, 9 mm pistol, as well as three additional firearms, ammunition and two suppressors in a bedroom, according to federal court documents.

“As a terrorist, he will now face the removal process,” Attorney General Pam Bondi told Fox News on Wednesday evening.

A Wednesday evening motion to delay the dismissal states that Villatoro Santos’ newly appointed counsel understands “the Government now intends to pursue the deportation of Mr. Villatoro Santos in lieu of prosecution.”

US. Attorney General Pam Bondi speaks during a press conference about MS-13 gang activity at the Broward County Sheriff’s Office Research, Development and Training Center in Fort Lauderdale, Fla., April 4. (Eva Marie Uzcategui/AFP via Getty Images)

The Trump administration sent another Salvadoran man with protected legal status to El Salvador by mistake in March.

Federal officials removed Kilmar Abrego Garci from Maryland when the administration sent three planeloads of Salvadoran and Venezuelan migrants to El Salvador’s “Terrorism Confinement Center” on March 15 for alleged gang affiliations. 

The White House maintains Garci was a known MS-13 member.

“These examples are now becoming an everyday occurance,” Sayed aid of the Abrego Garci case.

Villatoro Santos’ attorneys say the requested delay in a dismissal order will give the defendant more time to seek immigration counsel.

Fox News’ Haley Chi-Sing contributed to this report.