US District Judge William Fitzpatrick agreed to delay the request of the Ministry of Justice to reject his case against Henrry Josue Villatoro Santos, the Salvadoral national based in Virginie accused of being a senior manager of The MS-13 gang in the United States
The decision, rendered on Friday, orders the government to keep Villatoro Santos in the custody of the service of American marshals and not to be transferred to DHS officials until the appeal is resolved.
Villatoro Santos was arrested less than a month ago in Woodbridge, Virginia, and was accused of being an illegal foreigner in possession of a firearm.
His high -level arrest was supervised by the American prosecutor General Pam Bondi and the director of the FBI Kash Patel of a neighboring tactical center.
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At the time, Bondi praised its capture and described it as “high MS-13” leader “on the East Coast.
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Shortly after, however, the Ministry of Justice suddenly filed a request for rejection of their case against Villatoro Santos – prompted the speculation about what would happen to him.
His lawyer declared during a hearing of April 15 that the government had not clarified the next steps of their client and suggested that the Trump administration could summarily move it to expel it without regular procedure.
Villatoro Santos lawyer Muhammad Elsayed said at the April 15 hearing that the decision to reject the case had come from “high” to Trump administration, and argued that if he was released, he would probably be expelled almost immediately in Cecot, the housing of the Salvadoral prison of the hundreds of American migrants.
“They have already determined the result, that he will go to the worst prison in the Western hemisphere,” said Elsayed earlier this week.
During the hearing, his lawyers also invoked the case of Kilmar Abrego Garcia, who was expelled last month in Salvador to be an alleged member of MS-13.
Two federal judges in Texas and New York have also temporarily blocked the Trump administrationThe use of the law on extraterrestrial enemies law to expel certain nationals, defending their assertion that the complainants are at risk of moving through the Trump administration, perhaps without the possibility of asking habeas to an American distribution.
The Attorney General Pam Bondi speaks during a press conference at the headquarters of the Ministry of Justice in Washington, Wednesday, April 16, 2025.
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Updates follow a Supreme Court decision from 5 to 4 which has lifted the prohibition order from a lower court, allowing the Trump administration to temporarily resume the use of the extraterrestrial enemies law – although with new regular procedure protections for migrants.
The High Court said that the individuals planned for the expulsion should have the opportunity to challenge their withdrawal, with enough time to do so before an American court.
Jake Gibson of Fox News contributed to this report.
Source of the original article: Federal judge Bucks Trump Admin, delays the dismissal of the case of the leader MS-13
