A federal judge in Virginia has dropped a criminal gun charge against a 24-year-old Salvadoran man labeled by the Trump administration as a top MS-13 gang leader.
The move opens the door for his deportation—but his legal team is fighting to keep him in the country for now.
Henrry Josue Villatoro Santos was arrested last month after an FBI SWAT team raided his Virginia home and found four guns and ammunition.
Though authorities said he was living in the U.S. illegally, there were no formal charges linking him to gang activity, despite Attorney General Pam Bondi calling him one of the top three MS-13 leaders in America.
At a court hearing on Tuesday, U.S. Magistrate Judge William Fitzpatrick agreed to dismiss the gun charge after prosecutors said the Trump administration preferred to deport him rather than pursue a trial.
However, the judge paused the dismissal until Friday, giving Villatoro Santos a chance to challenge his removal.
“I cannot and will not second guess decisions that are uniquely prosecutorial in nature,” said Judge Fitzpatrick.
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The case has sparked controversy over how the Trump administration handles immigration and criminal justice. Critics argue that the government is using high-profile arrests to paint a harsh image of immigrants without providing evidence in court.
Villatoro Santos’ attorney, Muhammad Elsayed, accused officials of turning his client’s arrest into a political spectacle. He warned that if deported too quickly, Villatoro Santos could be sent straight to a dangerous prison in El Salvador without due process.
“This was clearly a political decision,” Elsayed told the court. “We want to ensure he has a fair chance to make his case.”
The judge’s ruling doesn’t mean Villatoro Santos is safe—only that he has a few more days to try and stay in the country through immigration court.
