A federal judge in Virginia has granted a request from the Justice Department to dismiss charges against Henrry Jose Villatoro Santos, a Salvadoran national accused of being a leading figure within the MS-13 gang on the East Coast. The move effectively clears the way for his deportation.
Villatoro Santos was initially arrested on March 27th in Woodbridge, Virginia, by the FBI and labeled by Attorney General Pam Bondi and FBI Director Kash Patel as a top MS-13 leader operating on the Eastern Seaboard. He had been facing charges related to illegal firearms possession at the time of his arrest.
The decision to dismiss the case came after an initial motion from the DOJ filed shortly after Villatoro Santos’s apprehension. Concerns were raised during a subsequent hearing regarding the potential for swift deportation without adequate due process.
“There is a significant concern that Mr. Villatoro Santos will be ‘summarily deported’,”
his legal counsel stated, referencing a previous case involving Kilmar Abrego Garcia, a Salvadoran resident in Maryland who was mistakenly deported despite allegations of gang involvement.
During the proceedings, Judge William E. Fitzpatrick indicated caution about interfering with prosecutorial decisions, stating that it would be “inappropriate” to delve into the reasoning behind the DOJ’s actions.
Villatoro Santos’s counsel confirmed in a court filing their understanding that the government intends to pursue deportation rather than prosecution. The filing highlighted the stark contrast between the procedural steps and the public pronouncements surrounding Villatoro Santos, noting claims made by Attorney General Bondi describing him as “one of the top leaders of MS-13” and “one of the leaders for the East Coast, one of the top in the entire country.”
At a press conference on March 27th, Bondi stated, “As a terrorist, he will now face the removal process.”
Meanwhile, U.S. Magistrate Judge William Porter has ordered Villatoro Santos to remain in custody pending his deportation proceedings.
- March 27: Villatoro Santos is arrested and accused of being a top MS-13 leader on the East Coast.
- April 9: The DOJ files a motion to dismiss the firearm charges.
- April 15: Concerns raised regarding potential deportation without due process, referencing a previous case involving mistaken deportation.
- April 1: Judge Porter orders Villatoro Santos to remain in custody.
