Harvey Laureano-Rosales Release (Nevada, 2026)
Harvey Laureano-Rosales Release (Nevada, 2026) documents the January 2026 court-ordered release of Harvey Laureano-Rosales, a 54-year-old El Salvadoran MS-13 gang member convicted of first-degree murder and multiple attempted murders, by U.S. District Judge Richard F. Boulware II, an Obama appointee. The release was ordered despite a final order of removal and DOJ warnings about public safety risks.
Background
Laureano-Rosales entered the United States illegally in 1987 at age 16, becoming a member of MS-13.[1][2]
Criminal History
| Year | Charges | Details |
|---|---|---|
| 1996 | Possession/selling sawed-off shotgun; possession/manufacturing/selling dangerous weapon | California |
| 1997 | Possession of controlled substances with intent to deliver; carrying concealed weapon | Iowa |
| 1997 | Illegal entry | Colorado |
| 1997 | First-degree murder, two counts of attempted murder, use of a firearm, possession of a firearm by ex-felon | All gang-related; received multiple life sentences |
Laureano-Rosales spent more than 25 years in prison, where he joined the Mexican Mafia prison gang. He was granted parole in November 2022.[2]
ICE Detention and Removal Order
Days after being paroled, Laureano-Rosales was taken into ICE custody, where he remained for approximately two and a half years. He was ordered removed to El Salvador. The Ninth Circuit Court of Appeals ordered removal to proceed, triggering mandatory detention under federal immigration law.[1][2]
Fear-Based Claims
During a May 2023 interview, Laureano-Rosales claimed he feared being tortured or killed in El Salvador for leaving MS-13 and the Mexican Mafia, citing his visible MS-13 tattoos. The Board of Immigration Appeals granted him deferral of removal to Mexico based on risk of torture.[2]
The government attempted to remove him to Mexico on at least two occasions — June 25, 2025 and November 2025 — but was blocked by legal challenges.[2]
Judge Boulware's Order (January 21, 2026)
U.S. District Judge Richard F. Boulware II, nominated by President Obama in 2014, ordered Laureano-Rosales' immediate release on January 21, 2026. The order:[2]
- Found the federal government violated Laureano-Rosales' due process rights
- Prohibited removal to Mexico or any third country until full adjudication of fear-based claims
- Acknowledged Laureano-Rosales' criminal history "while also acknowledging that he has served a lengthy sentence and been paroled for these crimes"
- Referenced "alarming incidents" including an ICE officer allegedly telling Laureano-Rosales he could be put on a plane to El Salvador and suggesting he buy his own ticket to Mexico
Boulware stated his attorneys claimed he was no longer affiliated with MS-13 or the Mexican Mafia at the time of his prison release.[2]
Government Response
The U.S. Attorney's Office for the District of Nevada announced it would seek further legal action. First Assistant U.S. Attorney Sigal Chattah stated:[1]
The U.S. Attorney's office noted Laureano-Rosales has a final order of removal, meaning federal law requires him to remain in immigration custody, and releasing him conflicts with that law.[1]
Significance
- A convicted murderer and MS-13 member with multiple life sentences was released into the community
- The judge was an Obama appointee who cited due process concerns over public safety
- The federal government had a final removal order but was blocked from executing it
- The case became part of the broader national debate over judicial resistance to Trump-era immigration enforcement
- Similar to the Kilmar Abrego Garcia case, where courts intervened to block deportation of gang-affiliated individuals