An MS-13 killer spent over two years in ICE custody, then a judge made a decision that stunned prosecutors

A convicted MS-13 gang member and murderer has been released back into the Nevada community after a federal judge ordered his immediate freedom, overriding warnings from the Department of Justice. As highlighted by Fox News, the ruling came despite prosecutors arguing the man posed a serious public safety risk.

The individual, Harvey Laureano-Rosales, is a 54-year-old national of El Salvador who entered the United States illegally in 1987. He was convicted of first-degree murder and had spent more than two and a half years in immigration custody after being paroled from prison, with a final order of removal already in place.

Federal prosecutors said his release directly conflicts with mandatory detention requirements under immigration law. They argue that because Laureano-Rosales has a final order of removal, he should have remained in custody pending deportation.

The ruling has triggered sharp disagreement between the court and federal prosecutors

The order to release Laureano-Rosales was issued by U.S. District Judge Richard F. Boulware II, who was nominated to the bench in 2014. Court documents indicate the judge concluded the government improperly attempted to deport Laureano-Rosales to Mexico without due process, which he said would violate the Administrative Procedure Act. This point echoes concerns raised in discussions about immigration enforcement intensity documented alongside reports like the recent Congressman’s visit with detained five-year-old parents.

The Nevada U.S. Attorney’s Office strongly objected to the decision, warning that it creates a clear threat to public safety. First Assistant U.S. Attorney Sigal Chattah said the outcome results in the release of a convicted murderer and known MS-13 gang member into the community, adding that the office is deeply troubled and plans to pursue all lawful avenues to address the situation.

Prosecutors also pointed to prior guidance from the U.S. Court of Appeals for the Ninth Circuit, which had ordered the removal process to proceed. They maintain that this order triggered a period of mandatory federal immigration detention that should have prevented Laureano-Rosales’s release.

Court records outline a lengthy and violent criminal history. Laureano-Rosales illegally crossed the southern border at age 16 and allegedly joined the MS-13 gang shortly after his arrival, leading to years of gang-related criminal activity and his eventual first-degree murder conviction.

After being granted parole in November 2022, Laureano-Rosales was taken into custody by U.S. Immigration and Customs Enforcement, where he remained until the judge’s recent order. His defense attorneys argue he is no longer affiliated with MS-13 or the Mexican Mafia and claim prior deportation efforts were halted due to fears he would face torture or death if returned to El Salvador or Mexico.

Federal prosecutors continue to argue that his documented gang affiliation and murder conviction make his release incompatible with public safety requirements, and they have indicated they will seek to overturn the ruling through further legal action, amid broader debates over judicial decisions seen in coverage, such as reactions to federal actions and legality questions over the arrest of a journalist.