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Justice Department Moves to Dismiss Case Against Alleged MS-13 Leader

WASHINGTON, D.C. — The U.S. Department of Justice has sought to dismiss its criminal case against Henrry Josue Villatoro Santos, a Salvadoran national accused of being a key leader of the MS-13 gang on the East Coast. The announcement came just weeks after high-profile arrests were made during a press conference in March.
Attorney General Pam Bondi previously labeled Villatoro Santos as one of the “top members and head of the East Coast” operations for the violent group. During the March 27 news conference in Manassas, Virginia, she accused him of orchestrating numerous violent crimes associated with MS-13, underscoring the seriousness of the allegations against him.
In a court filing on Wednesday, the U.S. Attorney for the Eastern District of Virginia requested that a judge dismiss the pending criminal complaint against Villatoro Santos without prejudice. This filing, however, did not provide an explanation for the sudden shift in prosecutorial strategy.
When queried about the reasoning behind dropping the case, a spokesperson for Bondi referenced previous statements from the attorney general, suggesting that Villatoro Santos would soon be removed from the country. “As a terrorist, he will now face the removal process,” Bondi stated.
Legal experts expressed concern that seeking to deport Villatoro Santos without obtaining a criminal conviction would break historical precedent. Scott Fredericksen, a former federal prosecutor, highlighted that it is customary for the government to prosecute and secure convictions against gang leaders before initiating removal proceedings.
“Historically, if someone truly is a leader of a violent gang, we would always prosecute them first and ensure they cannot re-enter the country,” he told CBS News.
Following the dismissal request, defense attorneys for Villatoro Santos filed a motion requesting that the judge delay the dismissal. They argued that news surrounding the case has created a media spectacle, pressuring the Justice Department and Virginia officials. “The risk of Mr. Villatoro Santos being unlawfully deported by ICE without due process to El Salvador, where he would likely be detained in a notoriously harsh prison, is substantial,” his attorneys claimed.
Charging documents revealed that Villatoro Santos was arrested during a law enforcement operation on March 27, where agents discovered firearms and evidence linking him to MS-13 in his residence. He was charged with unlawful possession of a firearm.
During the March press conference, Virginia Governor Glenn Youngkin referred to Villatoro Santos as “one of the top operatives in MS-13,” further emphasizing the severity of the case against him.
A defense attorney for Villatoro Santos did not respond immediately to request for comment, highlighting the ongoing complexities surrounding the case.