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Despite a Justice Department warning, a Nevada judge recently ordered the immediate release of an illegal immigrant and MS-13 gang member convicted of murder back into the community.
U.S. District Judge Richard F. Boulware II, nominated by former President Barack Obama in 2014, ordered the Jan. 21 release of El Salvador national Harvey Laureano-Rosales, a 54-year-old who illegally entered the U.S. in 1987.
Court documents allege the government was attempting to deport Laureano-Rosales to Mexico without due process, and in violation of the Administrative Procedure Act, prompting his release.
The Nevada U.S. attorney’s office said it will seek further legal action, noting Laureano-Rosales’ release poses a risk to public safety.
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Laureano-Rosales allegedly has tattoos identifying him as an MS-13 gang member. (John Alle/Santa Monica Coalition)
“Our office remains committed to protecting public safety and enforcing the law remain top priorities,” First Assistant U.S. Attorney for the District of Nevada Sigal Chattah wrote in a statement. “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,” she added.
The U.S. attorney’s office said Laureano-Rosales has a final order of removal from the U.S., meaning he is required by federal law to remain in immigration custody, and releasing him conflicts with that law.
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Officials said Laureano-Rosales crossed the southern border into the U.S. illegally when he was 16 years old. (Christian Torres/Anadolu via Getty Images)
While Laureano-Rosales’ immigration case was ongoing, the U.S. Court of Appeals for the Ninth Circuit ordered removal should proceed, triggering the mandatory detention period required by federal immigration law.
Court documents allege when Laureano-Rosales entered the U.S. nearly 40 years ago at age 16, he became a member of MS-13, kick-starting a violent criminal career.
He was convicted of a number of gang-related crimes, including first-degree murder, and granted parole in November 2022.
U.S. Customs and Border Protection (CBP) officers stand outside the Bishop Henry Whipple Federal Building during a protest, Jan. 17, in Minneapolis. (AP Photo/Yuki Iwamura)
Days after being paroled, Laureano-Rosales was taken into custody by ICE, where he has remained for the last two-and-a-half years.
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Attorneys claim Laureano-Rosales is no longer a part of MS-13 or the Mexican Mafia, and was not deported under the Biden administration due to fears he would be tortured or killed if sent back to El Salvador or Mexico.