A United States District Judge in California appointed by former President Joe Biden ordered U.S. Immigration and Customs Enforcement (ICE) to release a known MS-13 gang member who is wanted in connection with a murder conviction in his home country of El Salvador. In 2025, President Donald Trump designated MS-13 as a foreign terrorist organization.
David Antonio Aviles-Perez, an illegal alien who has an extensive criminal history in the United States, was released back to the streets on Wednesday after Judge Jinsook Ohta’s order.
According to the Department of Homeland Security, Aviles-Perez is an illegal alien who is the subject of an international warrant for aggravated murder in El Salvador. He has also been arrested in California for assault with a deadly weapon, possession of a controlled substance, and petty theft.
In March, ICE arrested Aviles-Perez after he was released from custody following his arrest for assault with a deadly weapon. At the time, the agency excoriated California sanctuary politicians for freeing the dangerous criminal alien. Acting Assistant Secretary Lauren Bis commented on the arrest of Aviles-Perez at the time, saying, “ICE arrested this dangerous criminal illegal alien and MS-13 gang member wanted in El Salvador for murder. Gavin Newsom’s sanctuary policies allowed this gang member to be released from jail after his arrest for assault with a deadly weapon, possession of a controlled substance, and petty theft. Releasing this gang member back into California neighborhoods put American lives at risk.”
According to DHS, Aviles-Perez entered the United States illegally at an unknown date and location. Aviles-Perez had been in ICE custody awaiting removal and extradition to El Salvador to answer the pending international murder warrant in his home country.
The details of the murder Aviles-Perez was convicted of in El Salvador were outlined in a report by the New York Post. According to the Post, the international warrant for his arrest stems from a conviction for a 2014 murder Aviles-Perez committed in his home country.
In December, authorities in El Salvador sentenced the violent gang member to a term of 20 years in prison for the murder of an enemy with the help of an accomplice. According to the Post’s report, Aviles-Perez, also known as “la bruja” or “the witch,” and his associates shot and killed the victim during a dispute.
According to a police report obtained by the Post, law enforcement authorities in Monterey, California arrested Aviles-Perez after he allegedly attacked a homeless man by swinging a machete at the victim.
Judge Ohta was appointed to the federal bench as a U.S. District Judge for the Southern District of California by President Biden in 2021. She was lauded as being the first Asian Pacific American female judge on the District Court. In her Wednesday ruling, Ohta instructed ICE to release Aviles-Perez, despite the international murder warrant, unless federal authorities prove he poses a danger to the community or is a flight risk. At the time of his last criminal arrest in California, Aviles-Perez was listed as being in a “transient” status.
Homeland Security Secretary Markwayne Mullin expressed his outrage at Ohta’s ruling, saying, “This radical activist judge has put American lives at risk by releasing a wanted murderer. This is now the SECOND time this dangerous illegal has been released back onto the streets in California. Because sanctuary politicians want to play politics from the bench, innocent Americans are in danger. DHS and ICE will not be deterred by these partisan games. If California’s leaders won’t protect Americans, DHS will.”
Randy Clark is a 32-year veteran of the United States Border Patrol. Before his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X (formerly Twitter) @RandyClarkBBTX.