BOSTON (AP) — A Massachusetts man facing charges in the killing of a 17-year-old boy was allowed to remain in the country despite being listed as an MS-13 member on Boston Police's gang database.
Recently filed federal court documents show Henri Salvador Gutierrez was released by an immigration judge on June 22.
Homeland Security officials had argued the 19-year-old Somerville resident was an active MS-13 member that should be deported to El Salvador.
Prosecutors say Gutierrez and five others fatally stabbed Herson Rivas in July.
The case highlights the ongoing debate over the database.
The American Civil Liberties Union argues in a lawsuit that Central American youths are being wrongly designated as MS-13 members and being deported.
Boston police, the ACLU and Gutierrez's lawyer didn't immediately comment.
Gutierrez pleaded not guilty Friday and was held.
