Federal Judge Hits Pause on DOJ Move to Drop Case Against Alleged MS-13 Leader

U.S. District Judge William Fitzpatrick has decided to delay the Justice Department’s push to drop its case against Henrry Josue Villatoro Santos, a Salvadorian national accused of being a major MS-13 gang leader operating out of Virginia.

This ruling, issued Friday, requires the government to keep Villatoro Santos in the custody of the U.S. Marshals Service for now, rather than handing him off to DHS while the appeal is sorted out. So, for the moment, he’s not going anywhere.

Villatoro Santos was arrested less than a month ago in Woodbridge, Virginia, charged with being an illegal alien in possession of a firearm. His capture turned into something of a high-profile event, with both U.S. Attorney General Pam Bondi and FBI Director Kash Patel overseeing the operation from a nearby tactical center. You don’t see that every day—unless you’re binge-watching crime dramas.

Bondi didn’t hold back in the aftermath, calling Villatoro Santos the "top MS-13 leader" on the East Coast. However, things took a turn when the DOJ abruptly moved to dismiss its own case, leaving everyone wondering what the next chapter would be.

During a court hearing on April 15, Villatoro Santos' attorney, Muhammad Elsayed, mentioned that the government hadn’t made it clear what would happen next to his client. He floated the idea that the Trump administration might try to deport Villatoro Santos without due process. Elsayed pointed out that the decision to drop the charges seemed to come from very high up the chain of command, and worried aloud that his client could be sent straight to CECOT, a notorious Salvadorian prison already packed with U.S. migrants.

"They have already determined the outcome, that he’ll go to the worst prison in the western hemisphere," Elsayed said, not exactly painting a hopeful picture.

Villatoro Santos' legal team even referenced the recent deportation of Kilmar Abrego Garcia, another alleged MS-13 member, as a cautionary tale.

Meanwhile, federal judges in Texas and New York have also put the brakes on the Trump administration’s use of the Alien Enemies Act to deport certain nationals. These courts sided with plaintiffs who argued they risked being removed without a chance to challenge their deportation in U.S. courts.

This all comes after a razor-thin 5–4 Supreme Court decision that allowed the administration to resume using the Alien Enemies Act—but with fresh due process protections for migrants. Under the new rules, anyone up for deportation must be given a fair shot to contest their removal in court.

The legal wrangling continues, and for now, Villatoro Santos remains in legal limbo, with the eyes of both law enforcement and activists glued to his next move.