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Judge Stays Dismissal of Gun Charge Against Alleged MS-13 Leader to Allow Deportation Challenge

The DOJ's decision to pursue deportation over prosecution raises concerns about due process and political motivations.

U.S. flag and Judge gavel are seen in this illustration taken, August 6, 2024. REUTERS/Dado Ruvic/Illustration/File Photo
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Overview

  • A Virginia judge approved the DOJ's motion to dismiss an illegal firearm charge against Henrry Jose Villatoro Santos, an alleged MS-13 leader, but stayed the ruling until Friday to allow legal challenges to his deportation.
  • The DOJ opted to drop the criminal case in favor of deporting Villatoro Santos, part of a broader strategy to prioritize removal over prosecution for alleged gang members.
  • Attorney General Pam Bondi has labeled Villatoro Santos as a top MS-13 leader, though no gang-related charges were filed, raising questions about evidentiary support for the claims.
  • Villatoro Santos’ lawyer warned that the dismissal could lead to his deportation to El Salvador without proper judicial review, echoing concerns raised in similar cases involving alleged gang members.
  • The case highlights tensions between judicial processes and executive actions, with critics accusing the Trump administration of politically driven enforcement strategies targeting immigrant communities.