U.S. District Judge Jinsook Ohta ordered the immediate release of David Antonio Aviles Perez, a 35-year-old MS-13 gang member convicted of a savage execution-style murder, after finding that immigration officials held him for five months without a bond hearing, according to federal court records. The decision sparked intense backlash from the Department of Homeland Security (DHS), with Secretary Markwayne Mullin publicly condemning the ruling and accusing the court of endangering American lives.
Legal Battle and Individualized Assessment Mandate
The case centers on a legal fight over the Trump administration’s authority to detain immigrants while removal proceedings unfold, tied to a brutal 2014 gang killing in El Salvador. Known alternatively as “the witch” or “La Bruja,” Aviles Perez submitted a petition seeking relief from detention after nearly five months at the Otay Mesa Detention Center. According to federal court records, Ohta ruled that immigration officials violated his Fifth Amendment due process rights by holding him without an individualized assessment of whether he was dangerous or likely to flee. “Although Petitioner appears to have 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 of his danger to the public or flight risk,” Ohta wrote.
The judge stated that federal officials gave Aviles Perez no process before or after his detention and failed to show that providing a hearing would place an undue burden on the government. Ohta ordered his immediate release while prohibiting U.S. Immigration and Customs Enforcement from taking him back into custody unless an immigration judge first conducts a bond hearing and concludes that further detention is justified. A status report was filed in the case on August 27, one day after the release order, and DHS confirmed that Aviles Perez was subsequently released from federal custody. The ruling did not clear Aviles Perez of wrongdoing or find that he posed no danger; instead, it focused strictly on whether immigration officials followed the required process to justify keeping him detained.
Background on Murder Conviction and Prior Arrests
Salvadoran prosecutors identified Aviles Perez as an active MS-13 member who was tried and convicted while outside El Salvador in December 2025, receiving a 20-year prison sentence for aggravated murder. According to prosecutors, Aviles Perez and an associate in MS-13 pursued a man across hilly terrain within La Unión until fellow gang members intercepted the individual and compelled him to drop to his knees. The victim was held by the shoulders as Aviles Perez and his accomplice approached, and the gang members shot the man in the chest, back, and face before fleeing. DHS stated that Aviles Perez entered the U.S. at an unknown date and location.
Records from DHS indicate that DHS previously encountered him in Monterey, California, back in 2023 following accusations that he brandished a machete at a homeless individual close to Laguna Grande Park near Monterey State Beach. He allegedly hid the weapon before officers recovered it from a nearby Holiday Inn parking lot. Aviles Perez was charged and convicted following the incident but later released from custody. DHS blamed California’s sanctuary policies, which limit cooperation between local authorities and federal immigration officials. On March 26, ICE personnel executed another arrest of him in San Diego, securing his detention while deportation proceedings to El Salvador were pending.
Did You Know? Salvadoran prosecutors noted that David Antonio Aviles Perez was convicted while outside El Salvador in December 2025 and sentenced to 20 years in prison for an aggravated murder committed in 2014.
DHS Reaction and Political Context
DHS Secretary Markwayne Mullin issued a sharp statement criticizing the decision, pointing to the judge’s background and California’s legal framework. “This radical activist judge has put American lives at risk by releasing a wanted murderer,” Mullin said in a statement. “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.” Mullin vowed that the ruling would not deter the administration’s immigration efforts, stating, “DHS and ICE will not be deterred by these partisan games. If California’s leaders won’t protect Americans, DHS will.”
According to the governor’s office and the Federal Judicial Center, California Gov. Gavin Newsom appointed Ohta to the San Diego County Superior Court in December 2020. Then-President Joe Biden subsequently nominated her to the U.S. District Court for the Southern District of California in September 2021, and the Senate confirmed her that December, issuing her judicial commission later that month. Inquiries regarding Aviles Perez’s release and requests for further remarks were submitted to Ohta’s office by Fox News Digital.
Frequently Asked Questions
Who ordered the release of David Antonio Aviles Perez?
U.S. District Judge Jinsook Ohta ordered his immediate release from immigration custody in Southern California.
Why was Aviles Perez released from federal custody?
Ohta ruled that immigration officials violated his Fifth Amendment due process rights by holding him for five months without an individualized assessment of whether he was dangerous or a flight risk, or providing a bond hearing.
What are the charges against Aviles Perez in El Salvador?
Salvadoran prosecutors convicted him in December 2025 of aggravated murder for a 2014 gang killing, sentencing him to 20 years in prison.
How will federal immigration enforcement agencies modify their custody protocols in response to judicial rulings requiring individualized bond hearings for detained foreign nationals?
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