A federal judge appointed by President Biden ordered the release of an alleged MS-13 member wanted for murder in El Salvador, drawing sharp condemnation from the Department of Homeland Security and fueling criticism of California’s approach to public safety.
U.S. District Judge Jinsook Ohta ruled that immigration officials had violated the due process rights of David Antonio Aviles Perez by holding him for five months without a bond hearing or an individualized assessment of whether he was dangerous or likely to flee. As a result, Ohta ordered Aviles Perez’s immediate release from federal custody and barred Immigration and Customs Enforcement (ICE) from detaining him again unless an immigration judge determined renewed detention was warranted after a proper bond hearing.
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