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Federal judge orders release of Salvadoran convict over immigration detention due process violations

A federal judge freed a convicted Salvadoran national following prolonged detention without a bond hearing, according to Fox News.

The short version

  • U.S. District Judge Jinsook Ohta ordered the release of David Antonio Aviles Perez due to constitutional violations by immigration officials.[Fox News]
  • The court ruled that holding Aviles Perez for five months without a bond hearing or individualized risk assessment violated his Fifth Amendment due process rights.[Fox News]
  • Aviles Perez had been sentenced to 20 years in prison in El Salvador in December 2025 following a conviction for aggravated murder.[Fox News]
  • Department of Homeland Security Secretary Markwayne Mullin criticized the ruling, stating that the release compromises public safety.[Fox News]

Key facts

  • Judge Jinsook Ohta ruled that immigration officials violated Fifth Amendment due process rights by holding David Antonio Aviles Perez without an individualized bond hearing or flight risk assessment.[Fox News]
  • Aviles Perez received a 20-year sentence in El Salvador in December 2025 after being convicted of aggravated murder.[Fox News]
  • DHS Secretary Markwayne Mullin condemned the ruling and claimed it put American lives in danger.[Fox News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.