Nevada Federal Judge Orders Release of Convicted MS-13 Murderer; DOJ Vows to Seek Further Review

In yet another controversial ruling (see below) that has sparked outrage among law enforcement and the U.S. Department of Justice, U.S. District Judge Richard F. Boulware II ordered the immediate release of Harvey Laureano-Rosales, a convicted murderer and former MS-13 gang member, from immigration detention. 

The decision, issued on January 21, 2026, in the case L.R. v. Kristi Noem et al. (Case No. 2:25-cv-02019-RFB-BNW), grants Laureano-Rosales’ habeas corpus petition, citing violations of due process and statutory detention limits under the Immigration and Nationality Act (INA). The U.S. Department of Justice (DOJ) swiftly responded, announcing it will seek further review of the order.

This is not the first time Judge Boulware II has come under fire for rulings perceived as lenient toward criminal aliens. As I detailed in a previous California Globe investigation, “Las Vegas Federal Judge Releases Illegal Aliens Despite Criminal History“, Boulware has released at least three criminal alien defendants in recent months with minimal bonds—ranging from $1,500 to $2,000—often before DHS and ICE could appeal or deport them. That report highlighted Boulware’s pattern of overruling immigration judges, obstructing federal immigration law, and bypassing procedures, labeling him a judicial activist who exceeds his authority. Appointed by former President Barack Obama, Boulware’s decisions continue to raise concerns about public safety and judicial overreach in immigration cases.

Laureano-Rosales, a 54-year-old Salvadoran national who entered the U.S. illegally in 1987 at age 16, has a lengthy and violent criminal history tied to gang activity. Public records show he joined the notorious Mara Salvatrucha (MS-13) gang shortly after arriving in the U.S., leading to a string of arrests and convictions in the 1990s.

According to court documents and public records:

• In 1996, Laureano-Rosales was convicted in California of possessing and selling a sawed-off shotgun, as well as possessing, manufacturing, and selling a dangerous weapon.
• In 1997, he was arrested in Iowa for possession of a controlled substance with intent to deliver and carrying a concealed weapon, though no further disposition is noted beyond the arrest.
• That same year, he faced arrest in Colorado for illegal entry, again with no recorded disposition.
• Later in 1997, Laureano-Rosales was convicted in California of gang-related crimes, including first-degree murder, two counts of attempted first-degree murder, use of a firearm in the commission of a felony, and possession of a firearm by an ex-felon. He was sentenced to multiple life terms for these offenses, which stemmed from MS-13 activities.

While incarcerated, Laureano-Rosales reportedly joined the Mexican Mafia prison gang but later debriefed from both MS-13 and the Mexican Mafia, severing ties with the organizations. He served over 25 years in prison before being granted parole by California authorities on November 29, 2022.

Following his parole, U.S. Immigration and Customs Enforcement (ICE) under the Biden Administration, detained Laureano-Rosales in April 2023 and issued a final administrative order of removal to El Salvador on April 25, 2023. However, after expressing fears of torture upon return—citing his dropout status from MS-13 and visible gang tattoos—he was placed in withholding-only proceedings under the Convention Against Torture (CAT). In March 2025, the Board of Immigration Appeals (BIA) granted him deferral of removal to El Salvador, finding a greater than 50 percent aggregate risk of torture from MS-13, rival gangs like Barrio 18, Salvadoran law enforcement, and vigilante death squads

Unable to deport him to El Salvador, DHS attempted to remove Laureano-Rosales to Mexico as a third country in June 2025, but the effort was halted amid legal challenges. Laureano-Rosales expressed fears of persecution in Mexico due to potential deportation back to El Salvador and retaliation from the Mexican Mafia. Despite a Ninth Circuit stay of removal (later denied on January 14, 2026), ICE came close to deporting him multiple times, including incidents in November 2025 and January 2026, prompting emergency court interventions.

In his 21-page order, Judge Boulware found Laureano-Rosales’ detention—now exceeding two and a half years—unlawful under 8 U.S.C. § 1231(a), which governs post-removal-period detention. The judge determined that Laureano-Rosales’ removal period had lapsed at least seven months prior, rendering his continued detention presumptively unreasonable. Boulware emphasized that removal was not “reasonably foreseeable,” as DHS could not deport him to El Salvador due to CAT protections and had failed to properly adjudicate his fears regarding Mexico or identify another accepting country.

The order criticizes DHS for providing insufficient due process, including a vague “Third Country Screening interview” in November 2025 without counsel or evidence submission. Boulware ruled that Laureano-Rosales is entitled to a full hearing before an immigration judge on his fear-based claims before any third-country removal. Judge Boulware ordered Laureano-Roslaes’  immediate release under supervised conditions, and enjoined removal to Mexico or elsewhere without proper notice and adjudication.

The DOJ’s U.S. Attorney’s Office for the District of Nevada quickly condemned the ruling. In a press release posted on X (formerly Twitter), the office stated: “Federal Government Seeks Further Review After Release of Convicted Murderer From Immigration Custody.” 

Federal Government Seeks Further Review After Release of Convicted Murderer From Immigration Custody https://t.co/T0HuydxcXO

— US Attorney Nevada (@USAO_NV) January 23, 2026

The statement highlights Laureano-Rosales’ violent history and argues the release poses risks to public safety.

“Our office remains committed to protecting public safety and enforcing the law remain top priorities,” said First Assistant United States Attorney Sigal Chattah for the District of Nevada. “In this matter, however, the outcome results in the release of a convicted murderer and known MS-13 gang member into the community, raising serious public-safety concerns. We are deeply troubled by the risks posed to the public and will continue to pursue all lawful avenues to address those concerns and safeguard the community.”

“In accordance with the Court’s Order, the individual was released on January 22, 2026. If the individual was not released from detention the federal government faced sanction by the Court, including being held in contempt for failing to follow the Court’s Order,” according to the DOJ’s statement.

Laureano-Rosales’ release comes amid heightened scrutiny of gang-related immigration cases, with MS-13’s violent footprint in California and Nevada drawing particular concern.

As of this writing, Laureano-Rosales has been released under supervision, with conditions including periodic check-ins and restrictions on conduct. The DOJ’s next steps could include an emergency stay or appeal to the Ninth Circuit, potentially prolonging the legal battle. 

The California Globe will continue monitoring developments in this high-profile case.