Staff Reports
U.S. District Judge Jinsook Ohta has ordered the immediate release of a man in ICE custody, finding he was held too long without a bond hearing. The decision threw fuel on an already hot debate over immigration detention, sanctuary policies, and public safety. Department of Homeland Security Secretary Markwayne Mullin blasted the ruling, calling it the work of a “radical activist judge” and warning Americans are now at risk.
What the judge actually did
Judge Ohta granted a habeas petition and concluded that immigration officials held David Antonio Aviles Perez for roughly five months without giving him an individualized bond determination required by the Constitution. The court found that the government violated the detainee’s Fifth Amendment due‑process rights and ordered his release. The order also blocks ICE from re‑detaining him unless an immigration judge first holds a bond hearing.
Why DHS and Secretary Mullin are furious
Department of Homeland Security Secretary Markwayne Mullin’s statement was blunt and loud. He called the ruling dangerous and repeated that the man is an alleged MS‑13 member who U.S. and Salvadoran authorities say was convicted in absentia and sentenced abroad. DHS also points to a separate U.S. arrest that involved a machete attack in California. Mullin charged that this marks a second time the individual was released into California and blamed “sanctuary” politics and activist judges for letting potentially violent people walk free.
Law, public safety, and political theater
There is a legal basis for Judge Ohta’s decision: courts have long weighed how long the government can detain someone without process. But law and common sense are not the same thing. When courts use technical rulings as blunt instruments, they can undercut the work of law enforcement and endanger communities. If the government believes this ruling is wrong, it has the usual tools — emergency stays and appeals — and it should use them. Congress, meanwhile, should stop pretending the detention system is fine and actually fix the gaps that let dangerous people fall through.
This fight is bigger than one man or one ruling. It exposes a pattern: when law, weak policies, and activist judges collide, ordinary Americans pay the price. Secretary Mullin is right to demand action. If Washington won’t secure our borders, fix detention law, and enforce public‑safety priorities, voters will need to elect leaders who will. Until then, expect more headlines like this — and fewer safe streets.
