Federal prosecutors have admitted to a significant legal oversight that resulted in the release of an alleged MS-13 member, identified as David Antonio Aviles Perez, 35, from ICE custody in California. The man, known as "The Witch," is wanted for a murder in El Salvador and was also arrested in California for an alleged machete attack.
Assistant U.S. Attorney Michael Wallace submitted a sworn declaration apologizing for failing to inform federal Judge Jinsook Ohta of Aviles Perez's extensive criminal background. The omission led Judge Ohta to order his release on August 26, as he was being held pending removal from the U.S. Aviles Perez, who is living in the U.S. illegally, remains at large.
"My failure was an unintentional mistake, and I sincerely apologize to the Court for my omission," Wallace stated. U.S. Attorney Adam Gordon's office described the error as an isolated incident. Judge Ohta indicated she would not have released Aviles Perez had she known about his past, which includes a conviction for aggravated homicide in El Salvador and an arrest for assault with a deadly weapon in Monterey, California, in 2023.
Despite the prosecutors' error, a federal law enforcement source described the situation as "stunning" and suggested that the judge should not have ordered the release, even without full knowledge of the suspect's history. Under the legal precedent of habeas corpus, a judge can order the release of a detained individual if the government fails to prove the legality of their confinement. The source noted that Aviles Perez's release occurred before the government had the opportunity to justify his detention at a bond hearing.
Judge Ohta, appointed by President Biden in 2021, has been criticized by some as an "activist" judge who routinely orders the release of detained migrants. Aviles Perez was sentenced to 20 years in prison in El Salvador for a 2014 gang-related killing. He was arrested in California after allegedly attacking a homeless individual with a machete, but was reportedly released under sanctuary laws before ICE apprehended him earlier this year.
Homeland Security Secretary Markwayne Mullin stated that the judge's actions "put American lives at risk," calling it the second time a dangerous illegal immigrant has been released onto the streets in California. This incident occurred as another Salvadoran national, Luis Valle, a convicted murderer who had been paroled from state prison, was also ordered released from ICE detention by another judge in the same district, Linda Lopez.