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A federal judge in Virginia has granted the Department of Justice’s (DOJ’s) request to dismiss a gun charge against a Salvadoran national whom Trump administration officials have called a senior leader of the notorious MS-13 transnational gang—clearing the way for his possible swift deportation.
In a minute order issued on April 15, U.S. Magistrate Judge William Fitzpatrick approved the DOJ’s motion to dismiss the criminal complaint against 24-year-old Henrry Josue Villatoro Santos but delayed entry of the order until 10 a.m. on April 18 to give his defense attorney time to explore potential legal avenues to prevent his transfer into immigration custody.
The dismissal comes just weeks after Attorney General Pam Bondi said at a press conference that Santos is “one of the top three” MS-13 leaders in the United States and that he would not be “living in our country much longer.” President Donald Trump also weighed in, calling the arrest a major victory in his administration’s campaign to crack down on foreign gangs that pose a threat to American communities.
Federal prosecutors filed only a single charge against Santos—possession of a firearm by an illegal immigrant—after an FBI SWAT team raided his family home in Woodbridge, Virginia, on March 27. According to the affidavit, investigators found multiple firearms and “indicia of MS-13 association” in his bedroom, but no gang-related charges were ever filed.
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