Suit against MS-13 gang member to be dropped in line with DOJ request

The Justice Department’s motion to dismiss the illegal firearm case against Henrry Josue Villatoro Santos, a Virginia-based Salvadoran national accused of being an MS-13 leader, has been granted by a Virginia-based judge. The FBI announced the arrest of Villatoro Santos on March 27 in Woodbridge, Virginia, just south of Washington, D.C., with Attorney General Pam Bondi and FBI Director Kash Patel describing him as the top MS-13 leader on the East Coast.

Villatoro Santos was initially charged with an illegal firearm charge at the time of his arrest. The DOJ moved to drop the case on April 9, shortly after his arrest. Magistrate Judge William E. Fitzpatrick has granted the motion to dismiss the case, but has decided to stay his decision until Friday morning to allow Villatoro Santos’ counsel to explore other avenues, including appealing the decision.

During the April 15 hearing, counsel for Villatoro Santos, Muhammad Elsayed, raised concerns about the lack of clarity regarding his client’s fate following the dismissal of the case. Elsayed suggested that Villatoro Santos would likely be “summarily deported” without due process. He referenced a similar case from Maryland where a Salvadoran national, Kilmar Abrego Garcia, was erroneously deported to El Salvador for allegedly being an MS-13 gang member.

Elsayed also claimed that the decision to dismiss the case came from high up in the Trump administration, indicating that the outcome had already been determined. However, Judge Fitzpatrick emphasized that the government has the authority to drop the case and advised the defense to potentially bring a separate case with the Department of Homeland Security as a party to inquire about Villatoro Santos’ treatment.

Villatoro Santos’ counsel responded to the DOJ’s motion to dismiss by acknowledging that the government intends to pursue his client’s deportation instead of prosecution. The filing highlighted the government’s public allegations against Villatoro Santos as a top MS-13 leader.

U.S. Magistrate Judge William Porter had previously ruled to keep Villatoro Santos in custody on April 1, with the defense not seeking release at the time of the hearing. The case has raised concerns about the potential deportation of Villatoro Santos without due process.

In conclusion, the dismissal of the case against Henrry Josue Villatoro Santos has sparked debate and uncertainty about his future, highlighting the complexities of dealing with individuals accused of gang affiliation and criminal activities. The case serves as a reminder of the challenges in balancing national security concerns with individual rights and due process.