Judge greenlights DOJ's motion to drop gun case against Salvadoran, accused MS-13 leader

Villatoro Santos was charged with an illegal firearm charge at the time of his arrest. 

Magistrate Judge William E. Fitzpatrick said he would stay his decision until Friday morning to allow for Villatoro Santos' counsel to explore other avenues, including appealing the decision. 

The DOJ initially moved to drop the case on April 9, shortly after his arrest. 

Counsel for Villatoro Santos, Muhammad Elsayed, said during the April 15 hearing that the government had not clarified what would happen to his client once the case was dismissed, suggesting Villatoro Santos would likely be "summarily deported" without any due process. 

Elsayed also claimed during the hearing that the decision to dismiss the case came from high up in the Trump administration. 

"They have already determined the outcome, that he'll go to the worst prison in the western hemisphere," Elsayed said.

Fitzpatrick said he has been cautious of not overstepping into the executive branch's purview, saying, "It wouldn't be appropriate [for me] to inquire about the deliberative process of prosecutors."

Villatoro Santos' counsel responded in a court filing shortly after the DOJ filed to dismiss the case earlier this month that he understands "the Government now intends to pursue the deportation of Mr. Villatoro Santos in lieu of prosecution."

"As a terrorist, he will now face the removal process," Bondi told Fox News at the time.

U.S. Magistrate Judge William Porter of the Eastern District of Virginia made an April 1 ruling to keep Villatoro Santos in custody. The defense was not seeking release at the time of the hearing. 

Fox News' David Spunt and Audrey Conklin contributed to this report.