A federal judge in California has ordered ICE to release an MS-13 gang member who is the subject of an international murder warrant in El Salvador. David Antonio Aviles-Perez, an illegal alien with an extensive U.S. criminal record, walked free on Wednesday after U.S. District Judge Jinsook Ohta issued the order.
Aviles-Perez was convicted in El Salvador of a 2014 murder and sentenced in December to 20 years in prison for shooting an enemy to death with the help of an accomplice, according to a New York Post report. He is known by the alias “la bruja,” or “the witch.” President Donald Trump designated MS-13 as a foreign terrorist organization in 2025.
In the United States, Aviles-Perez has been arrested for assault with a deadly weapon, possession of a controlled substance, and petty theft. A police report obtained by the New York Post shows he was arrested in Monterey, California, after allegedly attacking a homeless man with a machete.
ICE first arrested Aviles-Perez in March after he was released from California custody following his assault-with-a-deadly-weapon arrest. At that time, Acting Assistant Secretary Lauren Bis criticized California’s sanctuary policies for freeing him in the first place.
“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,” Bis said.
Aviles-Perez had remained in ICE custody awaiting removal and extradition to El Salvador to face the pending international murder warrant. His illegal entry date and location into the U.S. are unknown, according to the Department of Homeland Security.
Judge Ohta, appointed to the Southern District of California bench by President Biden in 2021, ruled Wednesday that ICE must release Aviles-Perez unless federal authorities prove he poses a danger to the community or is a flight risk. At the time of his last arrest, he was listed as “transient.” Ohta was recognized as the first Asian Pacific American female judge on the District Court.
Homeland Security Secretary Markwayne Mullin condemned the ruling.
“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,” Mullin said.
