The U.S. government has decided to drop a gun charge against 24-year-old Henry Josue Villatoro Santos, a man previously described by U.S. Attorney General Pam Bondi as a leader of the MS-13 gang. However, instead of moving forward with the charge, the government will seek to deport him.
On Wednesday, prosecutors filed a brief court document announcing their intention to dismiss the case, though no explanation was provided for the decision. Bondi, in a separate statement, confirmed that Villatoro Santos would now face deportation proceedings.
In an unusual move, Villatoro Santos’s lawyer, Muhammad Elsayed, requested that a judge delay the ruling on the government’s motion for two weeks. Elsayed raised concerns that if the case was dismissed, Villatoro Santos could be deported and jailed in El Salvador without proper legal procedures.
Bondi had first publicly mentioned Villatoro Santos’s arrest during a press conference on March 27, where she referred to him as one of the top three leaders of MS-13 in the U.S., although she did not identify him by name or specify the charges against him. That same day, Villatoro Santos appeared in federal court in Alexandria, Virginia, to face charges of illegal gun possession by an immigrant.
Federal prosecutors stated in court documents that during a search of Villatoro Santos’s bedroom, they found evidence suggesting links to MS-13, following a raid on his home and his arrest on an immigration-related warrant. However, no further criminal charges were filed, and the prosecutors did not provide additional evidence regarding his alleged leadership role within the gang.
A federal judge had previously ordered Villatoro Santos to remain in jail while awaiting trial.
At the March 27 press conference, Bondi had emphasized that Villatoro Santos would not remain in the U.S. for long, stating, “He will not be living in our country much longer.”
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