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Massachusetts teen charged in MS-13 killing had avoided deportation

Boston • A Massachusetts teen facing charges in the killing of a 17-year-old boy had been allowed to remain in the country despite being identified by police as an active member of MS-13, recently filed federal court documents show.

Homeland Security officials told an immigration judge this summer 19-year-old Henri Salvador Gutierrez should be deported to his native El Salvador because he was a "verified and active member" of MS-13 with multiple weapons-related arrests, prosecutors said in a filing last week.

But the judge deemed the information against Gutierrez inconclusive and ordered him released on June 30, just weeks before the Somerville resident and five other alleged MS-13 members stabbed Herson Rivas to death in Lynn on July 30, according to prosecutors.