Machete-wielding MS-13 gangster wanted for murder walks free after Biden-appointed judge releases him: DHS

California Judge Orders Release of MS‑13 Member Convicted of 2014 Murder, Sparking Trump Administration Outcry

A federal judge in San Diego has ordered the immediate release of David Antonio Aviles Perez, a 35‑year‑old MS‑13 gang member convicted of a 2014 execution‑style killing in El Salvador. The decision, made on Aug. 26, has prompted a sharp response from U.S. Homeland Security officials, who claim the judge’s ruling endangers public safety.

The Release and the Court’s Rationale

U.S. District Judge Jinsook Ohta, who was appointed to the Southern District of California by former Gov. Gavin Newsom and confirmed by the Senate in December 2021, found that immigration authorities had held Aviles Perez for almost five months—since March 26—without providing him a bond hearing or an individualized assessment of whether he posed a danger or was likely to flee. In a ruling filed Aug. 27, Ohta wrote that the government had failed to “consider the facts and make an individualized determination of the petitioner’s danger to the public or flight risk.”

“Although the petitioner has previously been convicted following a fight with another individual in May 2023, the government has offered no evidence that it detained him after considering those facts and making an individualized determination,” the judge said. The court ordered that Aviles Perez be released immediately and barred Immigration and Customs Enforcement (ICE) from detaining him again unless an immigration judge first holds a bond hearing and determines that renewed detention is warranted.

The ruling does not clear Aviles Perez of any wrongdoing; it simply requires the immigration system to follow due‑process procedures.

Background: From El Salvador to the U.S.

Aviles Perez was identified by Salvadoran prosecutors as an active MS‑13 member, known in gang circles as “La Bruja” or “The Witch.” In December 2025, he was convicted outside El Salvador for an aggravated murder that took place in 2014. Prosecutors say he and another gang member chased a man through the mountains of La Unión, forced the victim to kneel, held him at the shoulders, and then shot him in the chest, back and face before fleeing.

The victim’s body was later discovered by authorities in El Salvador, where the investigation led to the convictions of both men.

Aviles Perez’s arrival in the United States is unrecorded; DHS officials say he entered at an unknown date and location.

Arrests in the United States

In 2023, Aviles Perez was arrested in Monterey after allegedly swinging a machete at a homeless man at Laguna Grande Park. Officers recovered the weapon from a nearby Holiday Inn parking lot. He was charged and convicted, but was later released. ICE re‑arrested him in San Diego on March 26, 2026, and placed him at the Otay Mesa Detention Center pending removal to El Salvador. The detention lasted until the judge’s release order on Aug. 26.

Reaction from the Trump Administration

DHS Secretary Markwayne Mullin condemned the ruling, calling the judge a “radical activist” who “has put American lives at risk” by releasing a “wanted murderer.” He said it was the second time the “dangerous illegal” had been released back onto California streets. Mullin’s statement, issued Saturday, also criticized California’s sanctuary policies, asserting that they prevent federal immigration officials from effectively protecting “innocent Americans.”

“I will not allow the administration’s immigration crackdown to be derailed by partisan games,” Mullin said. “If California’s leaders won’t protect Americans, DHS will.”

The federal government’s criticism reflects an ongoing dispute over the extent of federal authority to detain and remove non‑citizens while removal proceedings are underway. The judge’s decision highlights the procedural safeguards that some argue protect individual rights, even for those convicted of violent crimes.

The Broader Context

This case underscores the tension between state “sanctuary” policies and federal immigration enforcement. Critics argue that limited cooperation between local and federal agencies can undermine public safety, while supporters say such policies are essential to protect vulnerable communities. The current ruling will likely be a focal point in the national debate over immigration detention and due process.

Aviles Perez’s case remains unresolved in terms of criminal liability; he remains a convicted murderer facing a 20‑year sentence in El Salvador, but his immediate release from U.S. custody is now a matter of law. The next steps in his immigration status will depend on whether an immigration judge holds a bond hearing and deems further detention necessary.