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MS-13 Member Wanted for Murder Freed by San Diego Judge

  • U.S. District Judge Jinsook Ohta ordered the release of David Antonio Aviles Perez due to violations of his due process rights during detention by immigration authorities.
  • Aviles Perez was convicted of aggravated murder in El Salvador for a 2014 gang-related killing and sentenced to 20 years in prison; he was living illegally in the U.S. and had previous arrests, including for assault with a deadly weapon.
  • The judge ruled that immigration officials failed to make an individualized assessment of Aviles Perez's danger to the public or flight risk before detaining him for several months without a bond hearing.
  • The decision drew criticism from Department of Homeland Security officials, who expressed concerns that sanctuary policies and judicial releases of dangerous individuals jeopardize public safety.
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New York Post broke the news in New York, United States on Friday, September 4, 2026.
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