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Judge Orders ICE Release of David Aviles Perez

9/6/2026

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Summary

Story summary

U.S. District Judge Jinsook Ohta ordered ICE to release David Antonio Aviles Perez immediately.
Judge said five-month detention without a bond hearing violated his Fifth Amendment rights.
DHS Secretary Markwayne Mullin labeled the ruling a radical activist decision that endangers American lives.
Aviles Perez, convicted in El Salvador for a 2014 murder, faced a 2023 Monterey arrest for swinging a machete at a man.

History

Historical Context

President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which created expedited removal and restricted judicial review. The ACLU challenged its habeas-corpus limit, and the Supreme Court upheld the law in 2020. In 2024, U.S. District Judge Jinsook Ohta ordered ICE to release detainee David Antonio Aviles Perez, renewing debate over the act’s detention provisions.

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Story summary

U.S. District Judge Jinsook Ohta ordered ICE to release David Antonio Aviles Perez immediately.
Judge said five-month detention without a bond hearing violated his Fifth Amendment rights.
DHS Secretary Markwayne Mullin labeled the ruling a radical activist decision that endangers American lives.
Aviles Perez, convicted in El Salvador for a 2014 murder, faced a 2023 Monterey arrest for swinging a machete at a man.

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