4th Circuit Vacates MS-13 Murder Conviction Over Stricken Closing
Your attorney just finished arguing for your life in a federal courtroom — and then the judge told the jury to forget everything they heard. On September 3, 2026, the Fourth Circuit ruled that is exactly the kind of error that can undo a conviction. The court vacated the murder conviction of one MS-13 defendant while affirming the convictions of his two co-defendants, drawing a clear line on when a judge goes too far.
You are facing criminal charges in federal court. Your attorney delivers a closing argument — and then the judge tells the jury to ignore every word of it. That is exactly what happened in a Virginia federal trial, and on September 3, 2026, the U.S. Court of Appeals for the Fourth Circuit ruled it was a prejudicial abuse of discretion.
The case involved three men — Cristian Ariel Arevalo Arias, Marvin Menjivar Gutierrez, and Carlos Jose Turcios Villatoro — who were tried together in the Eastern District of Virginia on charges tied to the MS-13 gang's Sitios Locos Salvatrucha (STLS) clique. The charges included racketeering under the Racketeer Influenced and Corrupt Organizations Act (RICO), murder, witness tampering, and drug offenses connected to a series of killings in Woodbridge, Virginia in 2019. Several co-defendants had already pleaded guilty and agreed to cooperate with prosecutors before trial.
Immigration Deadlines 2026 — Free
Download PDF with all key dates
What the Fourth Circuit decided
After closing arguments, the trial judge found portions of Turcios's attorney's summation improper and instructed the jury to disregard his entire closing argument. The Fourth Circuit, in an opinion written by Judge Quattlebaum and joined by Judges Richardson and Berner, drew a sharp line. For Arevalo and Menjivar, the instruction cured any potential prejudice — it removed the challenged argument from their cases entirely. Their convictions were affirmed. But for Turcios himself, striking his whole closing argument went too far. The court vacated his convictions and sent his case back to the district court for further proceedings.
The ruling is a reminder that the right to have an attorney argue your case to a jury is a fundamental part of a fair trial. A judge can instruct a jury to disregard specific improper statements. But erasing an entire closing argument — including everything the defense said on behalf of that defendant — crosses into reversible error. For immigrants facing federal criminal charges, a conviction can trigger deportation, bar a green card application, or end naturalization eligibility. A procedural error of this magnitude can mean the difference between a conviction that stands and one that gets a second look.
What to do
- If you or a family member faces federal criminal charges, ask your attorney specifically how a conviction could affect your immigration status — including green card eligibility, asylum claims, or naturalization.
- If you believe your trial included a serious procedural error — such as a judge improperly restricting your attorney's closing argument — discuss the grounds for an appeal with a criminal defense attorney immediately, since appeal deadlines are strict.
- Keep records of all court proceedings, including transcripts, because appellate courts rely on the trial record to evaluate claims of error.
- If a conviction is vacated and your case is sent back to the district court, consult both a criminal defense attorney and an immigration attorney to understand how the new proceedings may affect your status.
Related: our step-by-step guide — “Appealing to the BIA”.
Fishkin Law Firm, New York
This ruling reinforces that striking an entire closing argument — not just specific improper statements — is a structural error that undermines the fairness of the trial itself. For non-citizen defendants, the stakes are even higher: a federal conviction for a crime of violence or a RICO offense can make someone permanently inadmissible and subject to mandatory deportation, regardless of how long they have lived in the US. If you are a non-citizen charged with any federal crime, you need an immigration attorney working alongside your criminal defense counsel from day one — not after sentencing.
Frequently Asked Questions
Can a federal criminal conviction lead to deportation even if I have a green card?
Yes. Certain federal convictions — including crimes of violence, drug offenses, and RICO-related charges — can make a green card holder deportable. In many cases, immigration law requires mandatory detention and removal after such convictions, with very limited options to fight deportation.
What does it mean when an appeals court 'vacates and remands' a conviction?
It means the appeals court threw out the conviction and sent the case back to the lower court. The defendant is not automatically free — the government can retry the case. But the original verdict no longer stands.
If my attorney's closing argument was improperly restricted at trial, can I appeal?
Possibly. The Fourth Circuit's September 3, 2026 ruling confirms that striking an entire closing argument can be a reversible error. You would need to raise this issue on direct appeal within the strict deadline set by federal rules. Talk to a criminal defense attorney as soon as possible.
Does a vacated conviction still affect my immigration case?
Generally, a vacated conviction should not be treated as a valid conviction for immigration purposes — but the rules are complicated and depend on why it was vacated. Lawyers recommend consulting an immigration attorney to review your specific situation before assuming a vacated conviction has no immigration consequences.