Judge Grants DOJ Request to Dismiss Gun Charge Against Alleged MS-13 Leader, Paving Way for Quick Deportation

The Justice Department is prioritizing deportation of the suspect rather than prosecution.

Attorney General Pam Bondi speaks at a news conference at the Justice Department in Washington on Feb. 12, 2025. Ben Curtis/AP Photo

A federal judge in Virginia has granted the Department of Justice’s (DOJ’s) request to dismiss a gun charge against a Salvadoran national whom Trump administration officials have called a senior leader of the notorious MS-13 transnational gang—clearing the way for his possible swift deportation.

In a minute order issued on April 15, U.S. Magistrate Judge William Fitzpatrick approved the DOJ’s motion to dismiss the criminal complaint against 24-year-old Henrry Josue Villatoro Santos but delayed entry of the order until 10 a.m. on April 18 to give his defense attorney time to explore potential legal avenues to prevent his transfer into immigration custody.

The dismissal comes just weeks after Attorney General Pam Bondi said at a press conference that Santos is “one of the top three” MS-13 leaders in the United States and that he would not be “living in our country much longer.” President Donald Trump also weighed in, calling the arrest a major victory in his administration’s campaign to crack down on foreign gangs that pose a threat to American communities.

Federal prosecutors filed only a single charge against Santos—possession of a firearm by an illegal immigrant—after an FBI SWAT team raided his family home in Woodbridge, Virginia, on March 27. According to the affidavit, investigators found multiple firearms and “indicia of MS-13 association” in his bedroom, but no gang-related charges were ever filed.

The arrest came shortly after Trump invoked the Alien Enemies Act of 1798, which allows for the quick deportation of noncitizens during times of war or invasion. The Trump administration has utilized the act to expediently deport alleged gang members, though several legal challenges are underway.

Less than two weeks after the arrest of Santos, the DOJ moved to dismiss the case, saying in a brief statement that “the government no longer wishes to pursue the instant prosecution at this time,” adding in a proposed order that there is “good cause” for this request. At a hearing on Tuesday, Assistant U.S. Attorney John Blanchard said he did not know what would happen to Santos once the case was dismissed.

In court and in filings, Santos’s attorney, Muhammad Elsayed, argued that the sudden dismissal was politically motivated and part of a broader Trump administration strategy to bypass the courts and expedite deportations.

In a motion opposing the DOJ’s request to dismiss the charges, Elsayed argued that the court should not accept the government’s request without first requiring it to disclose its deportation plans in full. He asked the judge to clarify whether Santos would be placed in ordinary immigration proceedings, with full due process rights, or be summarily deported, as he said had happened in other cases.

“Without these disclosures, the Court cannot properly exercise its discretion in determining whether the Government is in fact acting in good faith as it asserts or simply using the Court to facilitate an impending violation of the Constitution,” Elsayed wrote.

Elsayed said that, once in ICE custody, his client could be placed on a fast-track deportation flight to El Salvador, where he would likely be jailed indefinitely at the country’s maximum-security CECOT prison—a facility known for its harsh conditions.

Unless emergency relief is granted before Friday morning, Santos will be handed over to immigration authorities and placed in removal proceedings.

The Epoch Times has reached out to Elsayed with a request for comment.