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EXCLUSIVE: A Biden-era decision could potentially keep a convicted murderer from being deported from the United States, at least while a key legal battle plays out in court.
Fox News rode along with Immigration and Customs Enforcement and Homeland Security Investigations in Los Angeles, the center of recent anti-ICE civil unrest, and the agency arrested Salvadoran national Alexander Alfredo Palacios Guevara, who not only has the murder conviction, but also two counts of attempted murder dating back to 1994, an HSI source said.
The man told Fox News, “I have CAT, I have CAT,” which turned out to be a Convention against Torture he was granted by the Biden-era Board of Immigration Appeals on Dec. 18, according to DHS sources.
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A protester places debris in a fire as Border Patrol personnel in riot gear and gas masks stand guard outside an industrial park in Paramount, Calif., on Saturday, June 7, 2025. (AP Photo/Eric Thayer)
Specifically, he was given DCAT – Deferral of Removal under the Convention Against Torture, meaning that he believes there’s a risk of him getting tortured if he is sent back to El Salvador.
“This criminal alien should never have been roaming the streets of Los Angeles. Not only is he a member of the ruthless Surenos gang, but he also has multiple convictions for murder, assault and rape or sexual abuse of a minor,” an ICE spokesperson told Fox News.
“A highly unusual Biden-era legal decision from December allowed this dangerous criminal to live in American communities. Thanks to the leadership of President Trump and Secretary Noem, we are removing public safety threats as it always should have been,” the statement continued.
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US Immigration and Customs Enforcement (ICE) agents, along with other federal law enforcement agencies, attend a pre-enforcement meeting in Chicago, Illinois, on Sunday, Jan. 26, 2025. (Christopher Dilts/Bloomberg via Getty Images)
The order resulted in him being briefly released by ICE but then taken back into custody the next day because of the massive public safety risk.
Guevara remains in federal custody amid the possibility of sending him to a third country, something the United States has attempted before with convicted criminals, like sending them to South Sudan.
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The South Sudan flight last month resulted in a Boston federal judge ruling against third-party removals. Still, the Department of Homeland Security is waiting for the Supreme Court to overturn the decision.
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The U.S. Supreme Court is shown at dusk on June 28, 2023, in Washington, D.C. (Drew Angerer/Getty Images)
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When Fox News asked if he was a convicted murderer, Guevara responded, “I’m free.”
Fox News reached out to his immigration attorney asking about who he’s concerned will torture him in El Salvador and for more details about his case, but there has been no response yet. The nation’s eyes turned onto Los Angeles earlier this month as ICE narrowed in on operations in the region, which led to protests and riots in the city and throughout the country.