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David A.P.: Salvadoran man held nearly five months by ICE without a bond hearing

David Antonio Aviles Perez, a 35-year-old Salvadoran national, was held at Otay Mesa for nearly five months without a bond hearing. A federal judge ruled his detention violated due process and ordered his release in August.

Aug 27, 2025San Diego, CACountry of origin: El Salvador

David A.P.: Salvadoran man held nearly five months by ICE without a bond hearing
Photo via Fox News

David Antonio Aviles Perez, a 35-year-old Salvadoran national known as 'La Bruja,' was arrested by ICE in San Diego on March 26, 2025, and held at Otay Mesa Detention Center for nearly five months without a bond hearing. U.S. District Judge Jinsook Ohta ruled on August 26, 2025 that immigration officials violated his Fifth Amendment rights by failing to make an individualized assessment of danger or flight risk, ordering his release and barring re-detention unless an immigration judge independently finds it warranted. In December 2025, a court in El Salvador convicted him in absentia of aggravated murder for a July 2014 killing in La Union and sentenced him to 20 years. Homeland Security Secretary Markwayne Mullin publicly criticized Ohta as an 'activist judge,' saying her ruling released a 'wanted murderer.'

Timeline

Aug 27, 2025—Released from federal custody; ICE barred from re-detaining him without a bond hearing
Aug 26, 2025—Judge Jinsook Ohta ruled his prolonged detention without a bond hearing violated due process
Mar 26, 2025—Arrested by ICE in San Diego and detained at Otay Mesa Detention Center
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