An accused MS-13 leader will remain in federal custody after a judge found probable cause to support the government’s case against him.
U.S. Magistrate Judge William Porter of the Eastern District of Virginia made the ruling Tuesday during a detention hearing for Henrry Josue Villatoro Santos, a 24-year-old Salvadoran national arrested last week in suburban Virginia.
The FBI announced Santos’s arrest on March 27 in Woodbridge, just south of Washington, D.C. He has been charged with being an illegal alien in possession of a firearm. The government did not announce any new charges against Santos on Tuesday, despite Attorney General Pam Bondi and FBI Director Kash Patel calling him the top MS-13 leader on the East Coast upon his arrest.
Santos, who wore a green jumpsuit during the hearing, was represented by Valencia Roberts, a public defender. The defense was not seeking release.
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Santos spoke through an interpreter during the hearing and told the judge that he understood that his lawyer was not seeking his release.
Government lawyer Alexander Blanchard called ICE agent Jason Klepec to the stand to testify about Santos’ arrest, and establish probable cause that Santos committed the offenses he had been charged with.
Blanchard showed government exhibits which contained photos of a Taurus 9 mm handgun that the prosecutor said was found in Santos’ bedroom. Another exhibit included pictures of two suppressors, also known as silencers.
Santos’ attorney brought into question one of the suppressors, saying it was actually an Airsoft suppressor, or a BB gun accessory. The ICE agent said the suppressor was in ATF’s possession to be correctly identified.
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It is unclear when Santos will appear in court again. However, Porter said the matter will go before a grand jury in the following days.
Santos’ attorney declined to comment further.
Santos’ hearing comes shortly after court documents revealed the Trump administration had sent a Salvadoran man with protected legal status to El Salvador by mistake.
Kilmar Abrego Garcia was removed from Maryland when the administration sent three planeloads of Salvadoran and Venezuelan migrants to El Salvador’s “Terrorism Confinement Center” on March 15 for alleged gang affiliations.
Vice President JD Vance referenced the court documents in a social media post in response to critics, writing, “you apparently didn’t read he was a convicted MS-13 gang member with no legal right to be here.”
Bondi, Patel, Deputy Attorney General Todd Blanche, and Acting Deputy Attorney General Emil Bove were all present during Santos’ arrest at a nearby tactical operations center.
“They executed a clean, safe operation, and the bad guy’s in custody. And thanks to the FBI, we got one of the worst of the worst of the MS-13 off the streets this morning. Virginia and the country is a lot safer today,” Bondi told Fox News after the fact.
Authorities found a 9mm handgun, three additional firearms, ammunition and two suppressors in Santos’ bedroom, according to court documents.
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President Donald Trump applauded the leadership on the operation, writing on social media, “Great job by Pam Bondi, Kash Patel, Tom HOMAN, and Kristi N, on the capture of MS13 leader – A big deal!”
Patel echoed Trump’s sentiment, saying, “This is what can happen when you put good cops in good places to take on bad guys. And America should be watching this. And we are proud to be here standing with these brave warriors.”
Fox News’ David Spunt, Jake Gibson, and Anders Hagstrom contributed to this report.
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