In a ruling ordered by U.S. District Court for the District of Nevada on January 21, a judge commanded the immediate release of an illegal immigrant convicted of murder associated with the MS-13 gang, allowing him to return to the community. However, the local prosecutor’s office expressed serious concerns about public safety and conflicting with federal law regarding his release.
The judge, Richard F. Boulware II, ordered the immediate release of 54-year-old illegal immigrant Harvey Laureano-Rosales from El Salvador and prohibited the federal government from “deporting him to Mexico or any other third country.”
Court documents revealed that Rosales, a Salvadoran national, illegally entered the U.S. in 1987 at the age of 16 and later became a member of the MS-13 gang, embarking on a violent criminal career. He spent more than half of his life behind bars in American prisons.
Rosales was convicted in 1997 of first-degree murder, two counts of attempted murder, illegal gun use, and felon in possession of a firearm, all gang-related offenses. He received multiple life sentences, serving over 25 years in prison and joining the Mexican Mafia prison gang.
According to court documents, he was granted parole in November 2022. Immigration authorities placed him in civil detention in April 2023.
Rosales’ criminal record also includes convictions in 1996 in California for possession/sale of a sawed-off shotgun and possession/manufacture/sale of dangerous weapons; in 1997 in Iowa for possession of controlled substances, intent to deliver, and carrying concealed weapons; and in 1997 in Colorado for illegal entry.
Judge Boulware’s order stated that Rosales, upon parole, was ordered to be deported to El Salvador. He was subsequently detained by U.S. Immigration and Customs Enforcement (ICE) and has been in custody for two and a half years.
Rosales’ lawyer claimed that he is no longer affiliated with MS-13 or the Mexican Mafia.
In a May 2023 interview, Rosales expressed a desire to seek asylum, fearing torture or death upon returning to El Salvador after leaving the prison gangs.
According to Judge Boulware, Department of Homeland Security (DHS) officials brought Rosales to the ICE office in Las Vegas on June 25, 2025, and informed him of his impending transfer to Mexico.
The court documents from the Nevada district court stated that the deportation order under the Trump administration violated due process, contravening the Administrative Procedure Act, hence his release.
Judge Boulware wrote, “This court is empowered to issue writs of habeas corpus to non-citizens detained for ‘violations of the U.S. Constitution, laws, or treaties.'”
Boulware was nominated by former President Barack Obama in 2014.
However, during the immigration proceedings for Rosales, the Ninth Circuit Court of Appeals had directed the continuation of the deportation process, thus mandatory detention under federal immigration law must be enforced.
The Nevada District Prosecutor’s Office stated in a press release that Rosales had received a final deportation order and would be removed from the country. This meant he must remain in an immigration detention facility, which clashed with federal law upon his release.
According to the press release, “Under federal law, individuals with final deportation orders must stay in immigration detention for a specified period to enforce the deportation process and maintain public safety. The government maintains that releasing this individual violates that law.”
The Prosecutor’s Office indicated they would seek further legal action and emphasized that Rosales’ release posed a threat to public safety.
Assistant Prosecutor Sigal Chattah said in a statement, “Our office is committed to protecting public safety, and law enforcement remains our top priority. However, in this case, the final outcome of releasing a convicted murderer and known MS-13 gang member into the community has raised serious public safety concerns.”
She added, “We are deeply concerned about the risks to the public and will continue to pursue all lawful avenues to address these issues and ensure community safety.” The Prosecutor’s Office stressed that Rosales had been issued a final deportation order, and releasing him would conflict with federal law.