Possible deportation for alleged top MS-13 leader delayed again

ALEXANDRIA, Va. - A federal judge has delayed the transfer of Henrry Villatoro Santos, an alleged MS-13 gang leader, into Department of Homeland Security and Immigration and Customs Enforcement custody for deportation, granting time for his defense attorney’s appeal.

Villatoro Santos, 24, described by authorities as a top MS-13 leader in Prince William County, was arrested in Dale City last month.

Judge pauses deportation appeal

What we know:

The FBI-led gang task force found him hiding in his mother’s home, where firearms, ammunition, and suppressors were also allegedly discovered.

He was taken into custody on an outstanding administrative immigration warrant, according to court papers, and was charged with illegal gun possession.

He was described as one of MS-13’s top three leaders in the United States. However, the arrest affidavit contained limited references to the gang.

Despite the high-profile arrest involving the Attorney General, FBI Director, Virginia Governor, and Eastern District prosecutor, the Department of Justice is seeking to drop the case.

READ MORE: DOJ moves to drop charges against man arrested in Virginia, accused of being top MS-13 gang leader

Case against MS-13 leader stalls

The judge upheld the DOJ’s decision but ordered Villatoro Santos not be transferred to DHS custody before the appeal process concludes.

The defense attorney argues the Trump administration has failed to follow legal procedures, citing uncertainty from ICE regarding the issuance of a "notice to appear," the next step in removal proceedings.

Legal experts affirm Villatoro Santos is entitled to due process.

The timeline for the next court date remains unclear.