Judge greenlights DOJ's motion to drop gun case against Salvadoran, accused MS-13 leader

A Virginia-based judge has granted the Justice Department's motion to dismiss its illegal firearm case gainst a Virginia-based Salvadoran national accused of being an MS-13 leader.

The FBI announced the arrest of Henrry Jose Villatoro Santos on March 27 in Woodbridge, Virginia, just south of Washington, D.C., with Attorney General Pam Bondi and FBI Director Kash Patel describing him as the top MS-13 leader on the East Coast. 

Villatoro Santos was charged with an illegal firearm charge at the time of his arrest. 

DOJ ASKS TO DISMISS VIRGINIA CASE AGAINST SALVADORAN ACCUSED MS-13 LEADER SET TO BE DEPORTED

Magistrate Judge William E. Fitzpatrick said he will stay his decision until Friday morning to allow for Villatoro Santos' counsel to explore other avenues, including appealing the decision. 

The DOJ initially moved to drop the case on April 9, shortly after his arrest. 

Villatoro Santos' counsel responded in a court filing that he understands "the Government now intends to pursue the deportation of Mr. Villatoro Santos in lieu of prosecution."

ACCUSED MS-13 LEADER NABBED BY PATEL'S FBI TO REMAIN IN CUSTODY FOR NOW, JUDGE RULES

"The above is a fairly straightforward procedural history," the filing read. "But in the background of this routine legal process, the United States government, at its highest levels, has been publicly and loudly propagating allegations that Mr. Villatoro Santos ‘is one of the top leaders of MS-13’ and ‘one of the leaders for the East Coast, one of the top in the entire country,’ claims made by Attorney General Pam Bondi at a high-level press conference on March 27, 2025."

"As a terrorist, he will now face the removal process," Bondi told Fox News at the time.

U.S. Magistrate Judge William Porter of the Eastern District of Virginia made an April 1 ruling to keep Villatoro Santos in custody. The defense was not seeking release at the time of the hearing. 

This is a breaking news story. Please check back for updates. 

Fox News' David Spunt and Audrey Conklin contributed to this report.