Nevada Judge Orders Release of Convicted Murderer and MS-13 Gang Member

U.S. District Judge Richard F. Boulware II has ordered the immediate release of Harvey Laureano-Rosales, a 54-year-old illegal immigrant and convicted murderer associated with the MS-13 gang, into the Nevada community. This decision follows warnings from the Justice Department regarding potential public safety risks.

Why It Matters

The release of Laureano-Rosales poses significant concerns for community safety, especially given his criminal background and gang affiliations. The case raises questions about the treatment of undocumented immigrants and the processes surrounding their deportation.

Key Developments

Release Order: Judge Boulware ordered Laureano-Rosales’ release on January 21, citing alleged improper deportation efforts by the government.
Concerns Raised: The U.S. attorney’s office expressed deep concerns regarding public safety following Laureano-Rosales’ release.
Legal Actions: The U.S. attorney’s office indicated plans to seek further legal recourse to address the risks posed by Laureano-Rosales.
Background: Laureano-Rosales entered the U.S. illegally in 1987 and has been associated with violent gang activity since then, including a conviction for first-degree murder.

Full Report

Release Order and Judicial Rationale

Judge Boulware, nominated by former President Barack Obama, ordered the release based on claims that the government was attempting to deport Laureano-Rosales without following due process as outlined in the Administrative Procedure Act. Court documents revealed that he had been in U.S. Immigration and Customs Enforcement (ICE) custody for over two years. During this time, he was identified as a known MS-13 gang member with identifying tattoos.

Federal Response

First Assistant U.S. Attorney for the District of Nevada, Sigal Chattah, criticized the release, stating, “In this matter, however, the outcome results in the release of a convicted murderer and known MS-13 gang member into the community.” Chattah emphasized the office’s commitment to public safety and indicated that they will explore all legal avenues to address this situation.

Background and Criminal History

Laureano-Rosales illegally crossed into the U.S. at the age of 16. Since his arrival, he became involved in MS-13, leading to a history of gang-related crimes. He was convicted of murder and granted parole in November 2022; shortly thereafter, he was taken into ICE custody. His immigration status was under review when the judge issued the release order. Attorneys for Laureano-Rosales claim he is no longer involved with MS-13 or the Mexican Mafia and that his potential deportation under the current administration poses risks to his safety in El Salvador or Mexico.

Context & Previous Events

Laureano-Rosales has had a final order of removal from the U.S., which legally mandates his continued detention. The U.S. Court of Appeals for the Ninth Circuit had also ordered that his removal proceedings should continue, thereby triggering a mandatory detention period per federal immigration law. In recent actions, the U.S. attorney’s office highlighted the need for measures that ensure community safety and law enforcement adherence to applicable laws regarding illegal immigration.