Accused Top East Coast MS-13 Leader To Get New Hearing As Feds Seek Deporation

DALE CITY, VA — The charge against a man accused of being a top MS-13 gang leader has been dropped, according to reports on Wednesday. Court documents said the federal government now intends to pursue deportation instead of prosecution, but a new court hearing could delay that action.

Henrry Josue Villatoro Santos, 24, an El Salvador native, faced a possession of a firearm by an undocumented immigrant charge stemming from his arrest as well as an administrative immigration warrant. As reported by Inside NOVA and other media on Wednesday, federal prosecutors requested to dismiss without prejudice the gun-related charge.

A lawyer representing Villatoro Santos sought a 14-day delay to the case dismissal, claiming the deportation would be carried out without due process. According to the lawyer, Villatoro Santos would likely be sent to "one of the worst prisons in the world" in El Salvador without a right to fight his deportation. The lawyer cited other cases of immigrants facing deportation without due process, including the case of Kilmar Armando Abrego Garcia, a Maryland resident with legal status mistakenly deported.

On Thursday, a judge ordered a new hearing at 10 a.m. on April 15. Court documents noted that Villatoro Santos had his new lawyer appointed after the court-appointed lawyer withdrew. The federal government's dismissal request came two hours after the new lawyer was appointed.

The dismissal of the charge against Villatoro Santos came after Attorney General Pam Bondi, FBI Director Kash Patel, Virginia Gov. Glenn Youngkin and other officials announced the arrest on the morning of March 27. Bondi identified Villatoro Santos as the leader of MS-13 on the East Coast.

An affidavit from an ICE officer providing evidence for the gun possession charge said the FBI had been watching a home on Chippendale Circle in Dale City since Villatoro Santos' mother reported a burglary in August 2024. The FBI saw her son enter and exit the home throughout March 2025. The affidavit said an FBI SWAT team used a stun grenade to arrest Villatoro Santos on March 27.

Before the arrest, Villatoro Santos's criminal history in Virginia was limited to driving without a license, failure to have a vehicle inspected, operating a vehicle without insurance and possession of marijuana charges in Prince William County court.

During the March 27 arrest, law enforcement found signs of MS-13 association in a garage bedroom of the home, according to the affidavit. That was the only MS-13 reference in unsealed court documents, but several remained sealed.

SEE ALSO: MS-13 Leader Arrest In Prince William Co.: 5 Things To Know