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ALEXANDRIA, Va. - A federal judge issued a stay, noting while he thinks the Department of Justice has the right to terminate the case, the alleged MS-13 leader Henrry Villatoro Santos, is not to fall before the Department of Homeland Security custody until at least 9 a.m. Friday.
Judge William E. Fitzpatrick made the decision Tuesday inside Alexandria's federal courthouse. The stay allows Villatoro Santos' defense attorney time to decide next steps or whether to appeal while not interfering with the government's rights in this case.
Last week, the Justice Department moved to drop the case, a decision likely aimed at speeding up Santos’ deportation. His attorney warns that if the charges are dismissed, Santos could be deported without due process.
Judge to decide MS-13 case
What we know:
Villatoro Santos, 24, was arrested in northern Virginia on Thursday, March 27.
A joint task force made up of FBI agents, Prince William County Police, ATF, ICE, and the Virginia State Police made the arrest. They said Santos was ‘hiding’ in the garage bedroom of his mother's Dale City home and that agents deployed a stun grenade to force him out.
Authorities detail Santos’ arrest
Santos was taken into custody on an outstanding administrative immigration warrant and was later charged with illegal gun possession after several firearms were discovered during a search of the premises.
Information released by federal authorities stated that Santos had been in the United States for more than a decade, crossing the border illegally at age 14 to go live with his mom in Manassas. Court records said he had been under surveillance for allegedly directing gang activity.
READ MORE: Charges dropped for man arrested in Virginia, accused of being top MS-13 gang leader
Henrry Villatoro Santos (Alexandria Sheriff's Office)
The Source: Information in this article comes from the Associated Press and previous FOX 5 reporting.