Nevada judge releases MS-13 convicted murderer despite DOJ warnings
NEWYou can now listen to Fox News articles!
Despite a warning from the Department of Justice, a Nevada judge recently ordered the immediate release and return to society of an illegal immigrant and MS-13 gang member convicted of murder.
U.S. District Judge Richard F. Boulware II, nominated by former President Barack Obama in 2014, ordered the release of Harvey Laureano-Rosales, a 54-year-old Salvadoran national who entered the United States illegally in 1987, on Jan. 21.
Court documents allege that the government attempted to deport Laureano-Rosales to Mexico without due process and in violation of the Administrative Procedure Act, which led to his release.
The Nevada US attorney’s office said Laureano-Rosales’ release poses a risk to public safety and that it will take further legal action.
FEDERAL JUDGE RULES MAN ILLEGALLY ARRESTED BY ICE IN IOWA WAS ‘TRYING TO COVER HIS TRACES’
Laureano-Rosales allegedly has tattoos that identify him as an MS-13 gang member. (John Alle/Santa Monica Coalition)
“Our office remains committed to protecting public safety and enforcing the law,” Assistant U.S. Attorney for the District of Nevada Sigal Chattah said in a statement. “However, the outcome in this matter results in the release of a convicted murderer and a known MS-13 gang member into society, raising serious public safety concerns.”
“We are deeply concerned about the risks to the public and will continue to pursue all legal avenues to address these concerns and protect the public,” he added.
The U.S. attorney’s office said Laureano-Rosales had a final order of deportation from the United States, meaning he must remain in immigration detention under federal law, and his release was against that law.
KILMAR ABREGO GARCIA WAS VIEWED FOR THE FIRST TIME SINCE HIS RELEASE, TRUMP ADMINISTRATOR PROMISED TO ‘CONTINUE FIGHT’
Laureano-Rosales illegally crossed the southern border into the United States when he was 16, authorities said. (Christian Torres/Anadolu via Getty Images)
While Laureano-Rosales’ immigration case was pending, the U.S. Court of Appeals for the Ninth Circuit ruled that the removal should continue, triggering the mandatory detention period required by federal immigration law.
Court documents allege that Laureano-Rosales became a member of MS-13 when he entered the United States nearly 40 years ago at the age of 16 and began a career of violent crime.
He was convicted of a number of gang-related crimes, including first-degree murder, and was granted parole in November 2022.
U.S. Customs and Border Protection (CBP) officers stand in front of the Bishop Henry Whipple Federal Building during a protest in Minneapolis on January 17. (AP Photo/Yuki Iwamura)
Days after parole, Laureano-Rosales was taken into custody by ICE and remained there for the last two and a half years.
CLICK TO DOWNLOAD FOX NEWS APPLICATION
Lawyers argue that Laureano-Rosales is no longer part of MS-13, or the Mexican Mafia, and has not been deported under the Biden administration due to fears that he would be tortured or killed if sent back to El Salvador or Mexico.
