A federal judge agreed on Wednesday to dismiss criminal charges against a man previously accused of being a top MS-13 leader, extending a dizzying in-court volley of charges, recriminations, and backtracking in a case that quickly became something of an albatross hanging over the Trump administration’s immigration policy.
Henrry Josue Villatoro Santos, 24, was arrested on March 27 with much fanfare and attention, charged with one count of possession of a firearm by an undocumented immigrant, and chastised by a group of top government officials during a press conference.
U.S. Attorney General Pam Bondi suggested that the allegation would serve as the foundation for a high-profile case against “one of the top members and head of the East Coast” branch of the transnational criminal organization.
However, the promised prosecution quickly flamed out.
In the initial and subsequent court filings, no violent crimes were alleged, nor were any MS-13-related activities attributed to Villatoro Santos. Instead, the government moved quickly to dismiss his case, opting for an expedited deportation. Meanwhile, in an admittedly “unusual” move, the defense petitioned the court to keep the case open.
In public comments, Trump administration officials, including President Donald Trump, repeatedly emphasized the defendant’s alleged MS-13 status, with the president referring to him as a “major leader” of the transnational gang. In court filings, the government offered only one sentence making such claims.
“FBI agents and [task force officers] also observed indicia of MS-13 association in the garage bedroom,” federal officials claimed in an affidavit.
The public docket on the once-ballyhooed case has been unusually active for a single allegation the government wishes to dismiss.
On April 1, one of the three magistrate judges assigned to — and quickly removed from — the case determined that probable cause for the gun charge existed. Exactly one week later, the federal public defender’s office dropped the case, and Villatoro Santos retained private counsel.
The following day, the government moved to dismiss the case without prejudice—and without explanation.
On April 9, the defendant’s new attorney, Muhammad Elsayed, denied the development in a motion to delay dismissal.
The defense argued that the Department of Justice was dropping the firearm possession case in favor of deportation under immigration law, where defendants have far fewer constitutional rights.
Furthermore, the defense argued that if subjected to immigration authorities, Villatoro Santos would face the same fate as admittedly “wrongfully deported” Kilmar Armando Abrego Garcia, a 29-year-old father with protected status who was taken into custody by federal agents and quickly whisked away to the “notorious” El Salvadoran prison Centro de Confinamiento de Terrorismo (CECOT) — despite court orders that he remain in the United States.
“The danger of Mr. Villatoro Santos being unlawfully deported by ICE without due process and removed to El Salvador, where he would almost certainly be immediately detained at one of the worst prisons in the world without any right to contest his removal, is substantial, both in light of the Government’s recent actions and the very public pronouncements in this particular case,” the motion filed by the defense stated.
On April 11, the government responded in opposition, claiming that its plans for Villatoro Santos include deportation.
“It is well within the prerogative of the United States to seek the removal of aliens who are illegally or unlawfully in this country in lieu of prosecuting them, regardless of whether charges have been filed,” according to the government’s motion.
According to a minute entry and follow-up order, DOJ attorneys persuaded the judge during a hearing on April 15 to grant the “leave of court” required for a voluntary dismissal.
At the same time, the magistrate judge overseeing the case temporarily stayed his own order, preventing federal authorities from transferring Villatoro Santos to the “jurisdiction” of the Department of Homeland Security until then.
On April 16, during the pause, Elsayed filed an appeal of the magistrate judge’s decision as well as an emergency motion to extend the stay, citing a “grave danger” that the government “will immediately and summarily deport Mr. Villatoro Santos to El Salvador in violation of the law.”
On April 17, the court granted the defense’s emergency request pending resolution of the underlying appeal. The court again prohibited the government from transferring Villatoro Santos “to the custody of the Department of Homeland Security before the District Judge resolves the Defendant’s appeal.”
On Wednesday, the seesawing came to a head.
At least in lower courts.
Senior U.S. District Judge Claude M. Hilton dismissed Villatoro Santos’ criminal case during a hearing, despite his defense attorney’s strong objections, according to a CBS News courtroom report.
Elsayed accused the government of using the so-called “Rule 48 Motion” to force dismissal. This federal Rule of Criminal Procedure, which governs case dismissals, gives a court limited discretion in granting a dismissal initiated by the government.
“They want to deport him without due process,” the defense attorney claimed. “The court must consider more than just the basic motion… “The DOJ did not seek to dismiss this case without knowing what would happen next.”
The government, for its part, said Villatoro Santos had delayed the case’s dismissal beyond the defense’s initial request, and reiterated an argument previously made in motions that the once-accused man “cannot continue to tread water on the criminal docket.”
“This is an unusual case,” the defense attorney told the judge, repeating a motions argument and cautioning that it was the court’s responsibility “to determine whether the motion was made in good faith.”
At the very least, the government has convinced at least one court that the all-but-immediate dismissal bid was reasonable. The defense, however, indicated that additional motions would be filed soon.
“They’re likely to take him very quickly,” Elsayed reportedly stated following the hearing. “There will likely be additional proceedings.”
