Court Frees MS-13 Gang Member Ordered Deported, Sparking Official Outrage
A federal court's decision to release an MS-13 gangster, who had a prior arrest for prostitution and a deportation order, has drawn sharp criticism from federal authorities.
An MS-13 gang member, who had previously been ordered deported from the United States, was released from federal custody by a court in Southern California. U.S. Immigration and Customs Enforcement (ICE) agents arrested David Eduardo Mejia-Martinez, 32, a Salvadoran national, in Sherman Oaks, California, on November 2 as part of a targeted immigration operation. His record includes a prior arrest for prostitution.
Following his immigration arrest, Mejia-Martinez was held at the Adelanto ICE Processing Center. However, on September 9, the U.S. District Court for the Central District of California ordered his release after he filed a petition for a writ of habeas corpus, arguing his detention was unlawful. ICE agents are now tracking Mejia-Martinez, who entered the country illegally, via GPS.
Homeland Security Secretary Markwayne Mullin criticized the court's decision, stating, “Because an activist court in California demanded his release before he could be deported, this dangerous criminal is back on the streets and is free to continue threatening American lives.”
Mejia-Martinez had been seeking release since March 9 when the Central District court issued a temporary restraining order and a no-transfer order. An immigration judge had previously denied his request for bond on April 30, deeming him a flight risk and a danger to the community. The same judge ordered him deported to El Salvador on August 7.
Despite the deportation order and the judge's assessment of his risk factors, the court granted Mejia-Martinez's habeas corpus petition on September 8, leading to his release the following day. It remains unclear when he is next scheduled to check in with immigration officials.
This case mirrors other instances where federal judges in California have ordered the release of detained immigrants with criminal histories. In one case, a convicted murderer and MS-13 member, David Antonio Aviles Perez, was released on August 26 by Judge Jinsook Ohta. Prosecutors later admitted to a legal error in that case, failing to inform the judge of Perez's criminal history. In another instance, Judge Linda Lopez ordered the release of Luis Valle, described as a convicted first-degree murderer affiliated with a gang, in August, citing doubts about the feasibility of his timely removal.
Secretary Mullin attributed such decisions to “activist judges” whose rulings he claims are driven by personal politics rather than public safety. "When partisan actors have taken over our courts and start putting the concerns of illegal aliens over the safety of the American people, we have a serious crisis on our hands,” Mullin stated.