Feds seek review after convicted murderer deported

The view from the jury's box in an empty courtroom
Courtroom Photo credit Comstock/Getty Images

Las Vegas, NV (Dept. of Justice- Nevada) - The United States Attorney’s Office for the District of Nevada will seek further legal action after a court ordered the release of a man convicted of murder and identified by the Department of Homeland Security as a member of the MS-13 gang. United States District Judge Richard F. Boulware II ordered the release over the government’s objection.

“Our office remains committed to protecting public safety and enforcing the law remain top priorities,” said First Assistant United States Attorney Sigal Chattah for the District of Nevada. “In this matter, however, the outcome results in the release of a convicted murderer and known MS-13 gang member into the community, raising serious public-safety concerns. We are deeply troubled by the risks posed to the public and will continue to pursue all lawful avenues to address those concerns and safeguard the community.”

The individual has a final order of removal from the United States. Under federal law, people with final removal orders are required to remain in immigration custody for a set period of time so that removal can be carried out and to help protect public safety. The government maintains that releasing this individual conflicts with that law.

While the individual’s immigration case was ongoing, the United States Court of Appeals for the Ninth Circuit declined to stop his removal and ordered that removal should proceed. That decision triggered the mandatory detention period required by federal immigration law.

In accordance with the Court’s Order, the individual was released on January 22, 2026. If the individual was not released from detention the federal government faced sanction by the Court, including being held in contempt for failing to follow the Court's Order.

Featured Image Photo Credit: Comstock/Getty Images