Judge greenlights DOJ's motion to drop gun case against Salvadoran, accused MS-13 leader

A Virginia-based judge has granted the Justice Department's motion to dismiss its illegal firearm case against a Virginia-based Salvadoran national accused of being an MS-13 leader.

The FBI announced the arrest of Henrry Josue Villatoro Santos on March 27 in Woodbridge, Virginia, just south of Washington, D.C., with Attorney General Pam Bondi and FBI Director Kash Patel describing him as the top MS-13 leader on the East Coast. 

Villatoro Santos was charged with an illegal firearm charge at the time of his arrest. 

DOJ ASKS TO DISMISS VIRGINIA CASE AGAINST SALVADORAN ACCUSED MS-13 LEADER SET TO BE DEPORTED

Magistrate Judge William E. Fitzpatrick said he would stay his decision until Friday morning to allow for Villatoro Santos' counsel to explore other avenues, including appealing the decision. 

The DOJ initially moved to drop the case on April 9, shortly after his arrest. 

Counsel for Villatoro Santos, Muhammad Elsayed, said during the April 15 hearing that the government had not clarified what would happen to his client once the case was dismissed, suggesting Villatoro Santos would likely be "summarily deported" without any due process. 

His counsel noted a similar case from Maryland, where Kilmar Abrego Garcia, a Salvadoran national and Maryland resident, was erroneously deported to El Salvador last month for being an alleged MS-13 gang member. 

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Elsayed also claimed during the hearing that the decision to dismiss the case came from high up in the Trump administration. 

"They have already determined the outcome, that he’ll go to the worst prison in the western hemisphere," Elsayed said.

Fitzpatrick said he has been cautious of not overstepping into the executive branch's purview, saying, "It wouldn’t be appropriate [for me] to inquire about the deliberative process of prosecutors."

The judge noted Elsayed has been a good advocate for Villatoro Santos but said the case is straight-forward and the government has the authority to drop the case. Fitzpatrick proceeded to suggest the defense might want to bring a separate case with the Department of Homeland Security as a party, "where you can inquire what kind of treatment your client will get."

Villatoro Santos' counsel responded in a court filing shortly after the DOJ filed to dismiss the case earlier this month that he understands "the Government now intends to pursue the deportation of Mr. Villatoro Santos in lieu of prosecution."

"The above is a fairly straightforward procedural history," the filing read. "But in the background of this routine legal process, the United States government, at its highest levels, has been publicly and loudly propagating allegations that Mr. Villatoro Santos ‘is one of the top leaders of MS-13’ and ‘one of the leaders for the East Coast, one of the top in the entire country,’ claims made by Attorney General Pam Bondi at a high-level press conference on March 27, 2025."

"As a terrorist, he will now face the removal process," Bondi told Fox News at the time.

U.S. Magistrate Judge William Porter of the Eastern District of Virginia made an April 1 ruling to keep Villatoro Santos in custody. The defense was not seeking release at the time of the hearing. 

Fox News' David Spunt and Audrey Conklin contributed to this report.