A California federal judge ordered ICE to release MS-13 member David Antonio Aviles Perez after ruling his detention violated due process.
A federal judge in California has ordered the release of an MS-13 member known as “the Witch” from U.S. Immigration and Customs Enforcement custody, prompting sharp criticism from the Department of Homeland Security.
David Antonio Aviles Perez, 35, was being held at the Otay Mesa Detention Center in Southern California while federal immigration authorities pursued his removal to El Salvador. DHS says Salvadoran authorities identify him as an MS-13 member wanted in connection with an aggravated murder case.
Judge cites due process concerns
U.S. District Judge Jinsook Ohta ordered Aviles Perez released after determining that immigration officials had detained him for roughly five months without providing an individualized assessment of whether he posed a danger to the public or a flight risk.
The judge found that the lack of such a process violated his Fifth Amendment due process rights, according to the federal court ruling cited by Fox News.
The ruling came after Aviles Perez filed a petition challenging his continued immigration detention.
Federal officials had argued that he should remain in custody while his immigration case proceeded. However, the court determined that the government had not demonstrated that providing the required process would create an undue burden.
Who is David Antonio Aviles Perez?
Aviles Perez has drawn attention because of allegations and criminal proceedings in both the United States and El Salvador.
According to DHS and Fox News, Salvadoran prosecutors identify him by the nickname “La Bruja,” or “the Witch,” and say he is associated with MS-13. He was convicted in absentia in El Salvador in December 2025 and sentenced to 20 years for aggravated murder, according to the reports.
The murder case stems from a 2014 killing in El Salvador. Prosecutors alleged that a victim was chased into a mountainous area before gang members forced him to stop and kneel. Authorities said the victim was then shot before the attackers fled.
Previous California arrest
The case also has a California connection.
Fox News reported that Aviles Perez was arrested in Monterey in 2023 following an incident in which he allegedly swung a machete at a homeless man near Laguna Grande Park. Authorities later recovered a machete from a nearby parking lot, according to the report.
He was subsequently arrested by ICE in San Diego on March 26, 2026, and transferred to federal immigration custody pending removal to El Salvador.
DHS blasts the release
The Department of Homeland Security has strongly criticized the judge’s decision.
In a statement released September 5, DHS said the ruling allowed a person it described as a dangerous MS-13 member wanted for murder to leave federal immigration custody.
The department’s criticism reflects the broader political battle over immigration detention, criminal migrants and the authority of federal agencies to hold individuals facing removal.
However, the court’s decision centered on the legal procedures used to justify continued detention rather than a finding that the underlying allegations against Aviles Perez were false.
What happens next?
The release does not necessarily resolve Aviles Perez’s immigration case or the government’s efforts to remove him to El Salvador.
The ruling instead addressed the legality of his continued detention without the individualized review required by the court.
The case is likely to attract further attention as the Trump administration continues its aggressive immigration-enforcement strategy and federal courts consider challenges involving prolonged detention.
For now, the release of the man known as “the Witch” has become another flashpoint in the ongoing legal and political fight over ICE detention, due process and the government’s immigration-enforcement powers.
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