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Salvadoran man freed after judge rules months-long ICE detention violated due process

Aug 26, 2025·Location: San Diego, CA

Country of origin: El Salvador

Salvadoran man freed after judge rules months-long ICE detention violated due process

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. He had been convicted in absentia in El Salvador for a 2014 gang-related killing and was previously arrested in Monterey, California in 2023 for allegedly swinging a machete at a homeless man before being released from local custody. U.S. District Judge Jinsook Ohta ruled on August 26, 2025 that immigration officials violated his Fifth Amendment rights by detaining him without a bond hearing or individualized assessment of danger or flight risk. Aviles Perez was released from federal custody on August 27, with the court barring ICE from re-detaining him unless an immigration judge independently determines detention is warranted. The ruling did not clear him of wrongdoing or find him non-dangerous.

Timeline

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