U.S. District Judge William Fitzpatrick has agreed to delay the Justice Department’s motion to dismiss its case against Henrry Josue Villatoro Santos, the Virginia-based Salvadorian national accused of being a top leader of the MS-13 gang in the U.S.
The ruling, handed down Friday, directs the government to keep Villatoro Santos in the custody of the U.S. Marshals Service, and not be transferred to DHS officials until the appeal is resolved.
Villatoro Santos was arrested less than a month ago in Woodbridge, Virginia, and was charged with being an illegal alien in possession of a firearm.
His high-profile arrest was supervised by both U.S. Attorney General Pam Bondi and FBI Director Kash Patel from a nearby tactical center.
The U.S. District Court for the Eastern District of Virginia is seen in Alexandria, Va. (Photo by Bonnie Cash/Getty Images) ((Bonnie Cash/Getty Images))
At the time, Bondi touted his capture and referred to him as the “top MS-13 leader” on the East Coast.
Shortly afterward, however, the Department of Justice abruptly filed a motion to dismiss their case against Villatoro Santos – prompting speculation as to what would happen to him next.
His counsel said during an April 15 hearing that the government had not clarified next steps for their client, and suggested the Trump administration might move to summarily deport him without due process.
Alleged top leader of MS-13 was arrested in Virginia on Thursday, March 27, 2025. ((The Ingraham Angle))
Villatoro Santos’ lawyer, Muhammad Elsayed, claimed during the April 15 hearing that the decision to dismiss the case had come from “high up” in the Trump administration, and argued if he were released, he would likely be deported almost immediately to CECOT, the Salvadorian prison housing hundreds of U.S. migrants.
“They have already determined the outcome, that he’ll go to the worst prison in the western hemisphere,” Elsayed said earlier this week.
At the hearing, his attorneys also invoked the case of Kilmar Abrego Garcia, who was deported last month to El Salvador for being an alleged MS-13 member.
Two federal judges in Texas and New York also temporarily blocked the Trump administration‘s use of the Alien Enemies Act law to deport certain nationals, siding with their contention that the plaintiffs in question are at risk of removal by the Trump administration, possibly without the opportunity to seek habeas relief in a U.S. court.
Attorney General Pam Bondi speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025. (AP Photo/Jose Luis Magana)
The updates follow a 5–4 Supreme Court ruling that lifted a lower court’s restraining order, allowing the Trump administration to temporarily resume use of the Alien Enemies Act — albeit with new due process protections for migrants.
The high court said individuals slated for deportation must have the opportunity to challenge their removal, with sufficient time to do so in a U.S. court.
Fox News’ Jake Gibson contributed to this report.
