DOJ Drops Charges Against Alleged MS-13 Leader, Raising Due Process Concerns

A Virginia man, Henrry Villatoro Santos, accused of being a regional leader of the MS-13 gang, had criminal charges against him dismissed by Senior U.S. District Judge Claude M. Hilton. This action clears the path for expedited deportation proceedings.

The Justice Department had requested the court to drop the charges earlier in the month, signaling their intention to deport Villatoro Santos. A U.S. marshal was present, suggesting an immediate transfer to immigration custody after the hearing.

Villatoro Santos's arrest was publicized in a nationally televised news conference, where he was alleged to be the "East Coast leader" of MS-13. He was accused of violent crimes and leading the gang's attacks. However, the Justice Department has not publicly linked him to any specific acts of violence while pursuing the dismissal of charges. His attorneys have raised concerns about the nature of the proceedings.

The defense attorney, Muhammad Elsayed, emphasized the court's role in determining the motion's good faith. He argued that the Justice Department provided no explanation for withdrawing the charges and questioned the lack of clarity regarding the subsequent legal process. Villatoro Santos was facing a federal felony gun possession charge, with only a brief mention of MS-13 in the charging documents. An immigration officer's affidavit noted evidence of MS-13 association at his home.

The defense accused the Justice Department of misusing the procedural tool for dismissing the indictment, arguing it was an attempt to bypass due-process protections. Elsayed alleged "prosecutorial harassment" and drew comparisons to other politically sensitive case dismissals. He warned of a potential "unlawful deportation" and cited past instances where the administration had defied court orders in deportation cases. Government attorneys countered that the defense had delayed the case beyond its initial request.