The Justice Department has decided to move to drop a criminal case against Henrry Josue Villatoro Santos, alleged East Coast leader of the MS-13 gang, less than two weeks after he was charged. Instead of pursuing prosecution in the United States, authorities plan to deport him.
In an unusual twist, Villatoro Santos’ lawyer is contesting the prosecutors’ request, arguing that the defendant risks being swiftly deported without due process. The lawyer expressed concerns that Villatoro Santos could face immediate detention in an El Salvador prison.
Villatoro Santos’s arrest occurred in late March in the suburbs outside of Washington, D.C. and was hailed by the Trump administration as a significant achievement in their efforts to dismantle violent street gangs designated as “foreign terrorist organizations.”
During a press conference announcing his arrest, Attorney General Pam Bondi, FBI Director Kash Patel, Virginia Governor Glenn Youngkin, and other law enforcement leaders underscored the importance of the operation. Both Bondi and Patel were present during the arrest at a nearby operation center in northern Virginia.
Charged in federal court with illegal gun possession, Villatoro Santos was found with several firearms during a search of his home. Investigators reported discovering “indicia of MS-13 association” in his bedroom, though no further details regarding his alleged gang connections have been disclosed in court documents.
On Wednesday, prosecutors informed the judge that they wish to dismiss the case, citing that “the government no longer wishes to pursue the instant prosecution at this time.”
In light of this development, Attorney General Pam Bondi labeled Villatoro Santos a “terrorist,” reiterating that he would confront the removal process. At the press conference, Bondi had indicated the administration’s intention to deport him, asserting that he “will not be living in our country much longer.”
However, Villatoro Santos’ defense lawyer, Muhammad Elsayed, urged the judge to delay ruling on the government’s dismissal motion by two weeks. In court papers, Elsayed pointed out that high-ranking government officials have frequently publicized allegations portraying his client as one of the country’s top three leaders of MS-13.
The defense lawyer emphasized the serious risk that Villatoro Santos could be “unlawfully deported by ICE without due process” and subsequently sent back to El Salvador, where he would likely face immediate detention in one of the country’s most notorious prisons.
“The risk of this turning effectively into a life sentence without any due process is very real,” Elsayed wrote. He acknowledged the “unusual nature” of the motion while emphasizing the unprecedented circumstances.
The Trump administration has previously deported approximately 260 individuals to El Salvador’s infamous Terrorism Confinement Center, or CECOT prison. Of these deportees, over 100 were justified under the Alien Enemies Act, an 18th-century wartime law that the administration has employed to target alleged members of the Tren de Aragua gang.
Families of multiple deportees claim that those individuals were not members of any gang, raising further concerns about the fairness of the removal process.
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