In a shocking move that defies common sense and endangers public safety, a federal judge appointed by President Joe Biden has ordered the immediate release of a notorious MS-13 gang member convicted of a savage execution-style murder. David Antonio Aviles Perez, 35, also known as "the witch," is now free in California, igniting fury from those committed to law and order and the America First movement.
U.S. District Judge Jinsook Ohta, a Biden appointee, mandated Aviles Perez's release after determining that immigration officials had held him for five months without granting a bond hearing or assessing whether he posed a danger to the public or a flight risk. This procedural technicality has once again prioritized bureaucratic process over the safety of American citizens.
Department of Homeland Security (DHS) Secretary Markwayne Mullin minced no words, accusing the Biden-appointed judge of recklessly jeopardizing lives. "This radical activist judge has put American lives at risk by releasing a wanted murderer," Mullin declared, emphasizing the gravity of Ohta's decision.
This isn't Aviles Perez's first encounter with the revolving door of California's lenient justice system. "This is now the SECOND time this dangerous illegal has been released back onto the streets in California," Mullin added. "Because sanctuary politicians want to play politics from the bench, innocent Americans are in danger." His words highlight the insidious impact of sanctuary policies that consistently fail to protect communities.
The case revolves around a brutal 2014 gang killing in El Salvador, where Aviles Perez, identified by Salvadoran prosecutors as an active MS-13 member, was convicted in absentia in December 2025 and sentenced to 20 years for aggravated murder. Prosecutors detailed how Aviles Perez and another gang member hunted down a victim, forced him to kneel, and then executed him with shots to the chest, back, and face.
Aviles Perez illegally entered the U.S. at an undisclosed time and location. He first surfaced in Monterey, California, in 2023, where he was charged and convicted for allegedly swinging a machete at a homeless man. Despite this violent incident, he was released from custody, a decision DHS directly attributed to California's dangerous sanctuary policies, which obstruct cooperation between local and federal immigration enforcement.
ICE agents re-arrested him in San Diego on March 26, taking him into custody for removal to El Salvador. However, after nearly five months at the Otay Mesa Detention Center, Ohta's Aug. 26 order for his immediate release overturned ICE's efforts.
Judge Ohta ruled that immigration officials had violated Aviles Perez's Fifth Amendment due process rights by holding him without an individualized assessment of his danger or flight risk. "The government has offered no evidence that it detained him after considering those facts and making an individualized determination of his danger to the public or flight risk," Ohta wrote, effectively prioritizing a procedural technicality over the clear threat posed by a convicted murderer.
Ohta, initially appointed to the San Diego County Superior Court by California Gov. Gavin Newsom in December 2020, was later elevated to the U.S. District Court by President Biden in September 2021. Her judicial commission was issued later that December, solidifying her role in this controversial decision.
Despite this judicial setback, Secretary Mullin affirmed DHS's commitment to upholding the law. "DHS and ICE will not be deterred by these partisan games," he stated. "If California’s leaders won’t protect Americans, DHS will." The release of a violent MS-13 gang member by an activist judge underscores the critical importance of a secure border, the enforcement of our laws, and the unwavering defense of American communities against those who prioritize criminal comfort over citizen safety. This is the fight for America First, and it must be won.
