A federal judge has granted the Justice Department's request to dismiss charges against Henrry Josue Villatoro Santos, a top MS-13 gang leader, opting for deportation instead. His lawyer expressed concerns over the decision, viewing it as politically motivated and fearing immediate deportation to an El Salvador prison without the chance to contest it. The case's dismissal followed high-profile public announcements from government officials, raising questions about the motivations and legal implications of the decision, which the judge characterized as not falling within the court's jurisdiction.
"This was clearly a political decision," defense attorney Muhammad Elsayed told the judge of the choice to deport Villatoro Santos.
Magistrate Judge William Fitzpatrick said during a hearing that he cannot second-guess prosecutors' decision not to pursue a case.
Villatoro Santos will not be handed over to immigration authorities until Friday morning, however, as the judge decided his ruling won't go into effect until later this week.
Attorney General Pam Bondi, FBI Director Kash Patel and Virginia Gov. Glenn Youngkin held a press conference to announce the arrest of Villatoro Santos.
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