MS-13 Member Freed by California Federal Court Despite Deportation Order
A federal court in Southern California released MS-13 member David Mejia-Martinez, 32, despite an active deportation order. Homeland Security Secretary Mullin condemned the ruling.
California Court Releases MS-13 Member on Habeas Corpus After Deportation Order
A documented MS-13 gang member with a prior arrest for prostitution was freed from federal immigration custody by a California federal court — despite an immigration judge having already ordered his deportation — NY Post Metro reports.
ICE agents arrested David Eduardo Mejia-Martinez, 32, a Salvadoran national, during a targeted immigration operation in the Sherman Oaks neighborhood of Los Angeles on Nov. 2. Court records show his criminal history includes a prior arrest for prostitution. He was subsequently held at the Adelanto ICE Processing Center, a high-security detention facility in San Bernardino County.
His path to release began on March 9, when the US District Court for the Central District of California issued a temporary restraining order and a no-transfer order after Mejia-Martinez filed a petition for a writ of habeas corpus, contending he was being unlawfully detained. A Department of Justice Immigration Judge denied his request for release on bond on April 30, classifying him as both a flight risk and a danger to the community. That same judge ordered his deportation to El Salvador on August 7.
Despite those findings, the Central District granted his habeas corpus petition on Sept. 8. Mejia-Martinez walked free the following day, Sept. 9. Federal authorities say they are tracking his location via GPS, though it remains unclear when he is next required to check in with immigration officials.
Homeland Security Secretary Markwayne Mullin said the outcome was unacceptable.
"Because an activist court in California demanded his release before he could be deported, this dangerous criminal is back on the streets and is free to continue threatening American lives," Mullin said.
Immigration officials confirmed they do not know precisely when or where Mejia-Martinez entered the United States, but said he did so illegally.
The legal mechanism used in the case — a writ of habeas corpus — allows any person in custody to challenge the legality of their detention before a judge. Under established federal precedent, California's federal courts may order the immediate release of detained individuals if the government fails to justify its grounds for confinement.
The Mejia-Martinez release is the third such case in recent months involving gang-affiliated Salvadoran nationals freed by federal judges in California. NY Post Metro notes that the case closely parallels two earlier, high-profile releases in the Southern District of California, which covers San Diego and surrounding areas.
In one of those cases, David Antonio Aviles Perez, 35, a convicted murderer and documented MS-13 member known as "The Witch," was ordered released on Aug. 26 by Judge Jinsook Ohta following a habeas corpus petition. Prosecutors later acknowledged they had failed to inform Ohta of Aviles Perez's criminal history — an error they described as a significant legal mistake.
In a separate case, Judge Linda Lopez freed Luis Valle, a convicted first-degree murderer with gang affiliations, from ICE custody while he awaited removal proceedings. Lopez ruled there was "good reason to believe that there is no significant likelihood of his removal in the reasonably foreseeable future."
Mullin said rulings of this kind reflect a pattern of judicial decision-making driven by political considerations rather than public safety.
"When partisan actors have taken over our courts and start putting the concerns of illegal aliens over the safety of the American people, we have a serious crisis on our hands," Mullin said.
Source: NY Post Metro