Controversial Release of MS-13 Gang Member Ignites Political Tensions

An MS-13 gang member, David Antonio Aviles Perez, recently gained release from federal custody in California. His release has sparked strong reactions from the Trump administration. U.S. District Judge Jinsook Ohta ordered his immediate release, citing a lack of due process after he was held for five months without a bond hearing.

Aviles Perez, known as “the witch,” faces murder charges in El Salvador. He is a notorious MS-13 member convicted in El Salvador in December 2025 for a brutal execution-style murder. Despite being convicted outside El Salvador, he was sentenced to 20 years for aggravated murder.

Markwayne Mullin, Secretary of the Department of Homeland Security (DHS), criticized the judge’s decision. He accused Judge Ohta of endangering the public by releasing Aviles Perez. Mullin expressed concern over California’s sanctuary policies, which he blames for releasing dangerous individuals onto the streets.

The gang member’s criminal record extends to the U.S., where he was arrested in Monterey, California, in 2023. He allegedly attacked a homeless man with a machete but was released due to state policies limiting cooperation with federal immigration enforcement.

Following this incident, ICE detained Aviles Perez in San Diego in March 2023, pending his deportation to El Salvador. However, Judge Ohta ordered his release on August 26, citing violations of his Fifth Amendment rights.

Ohta’s decision highlighted the lack of an individualized assessment regarding Aviles Perez’s potential danger or flight risk. The judge emphasized that the government hadn’t justified his detention through a proper hearing process.

Following the ruling, Aviles Perez was set free on August 27, though he remains under scrutiny. The decision did not exonerate him from his past crimes nor declare him harmless, focusing instead on procedural shortcomings in his detention.

California Governor Gavin Newsom initially appointed Ohta to the San Diego County Superior Court in 2020. President Biden later nominated her to the federal court where she currently serves.

Mullin reaffirmed DHS’s commitment to enforcing immigration laws despite the ruling. He pledged that DHS and ICE will continue their efforts to ensure public safety, even if state leaders fail to do so.

Fox News Digital reached out to Judge Ohta’s office for further details about Aviles Perez’s release.