A brutal MS-13 gang member, David Antonio Aviles Perez, convicted in a savage execution-style murder in El Salvador, has been released from federal custody in California by a Biden-appointed judge, igniting fury from the Department of Homeland Security. U.S. District Judge Jinsook Ohta ordered the release of Aviles Perez, also known as “the witch,” after finding that immigration officials held him for five months without a bond hearing or determining if he posed a danger or flight risk. DHS Secretary Markwayne Mullin condemned the judge’s decision, stating it puts American lives at risk and marks the second time this “dangerous illegal” has been released back onto the streets due to “sanctuary politicians” playing politics from the bench. Aviles Perez, convicted in absentia for aggravated murder and sentenced to 20 years, had a prior arrest in California for allegedly swinging a machete at a homeless man, a charge he was convicted of but subsequently released from custody for, a situation DHS also attributed to California’s sanctuary policies. After being arrested again by ICE in San Diego and detained pending removal, Judge Ohta ruled that his Fifth Amendment due process rights were violated by the prolonged detention without an individualized assessment, ordering his immediate release unless an immigration judge first determines renewed detention is warranted.
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