A US Federal Judge Has Ruled That Immigration Authorities Have Been Detaining an Acquitted Man Without Due Process, Ordering His Release or Bail Hearing.
Juan Espinoza Martinez, 37, a Mexican national who entered the United States as a minor over three decades ago, was found not guilty of offering $10,000 for the murder of US Border Patrol Commander Gregory Bovino in January last year. Despite his acquittal, he has been held by immigration authorities since October 6th.
On Friday, Judge James Hanlon ruled that Espinoza Martinez's detention was unlawful, as he had not undergone a hearing to assess him as a flight risk or danger. The judge handed down a 16-page order, which outlined the circumstances of Espinoza Martinez's case and the lack of due process afforded to him.
According to the court documents, Espinoza Martinez is facing deportation after being acquitted of murder-for-hire charges. However, Judge Hanlon has ordered that his detention be halted until he can have a reasonable conditions release or an opportunity for a bail hearing by 4 pm on Wednesday.
It was reported earlier that Espinoza Martinez was taken into custody shortly after his acquittal and has been held at the Clay County Justice Center in Brazil, Indiana. His lawyer, Michael Adler, argued that his client is a "working man with deep roots" who has never committed any crime and had no reason to be considered a flight risk.
Meanwhile, prosecutors initially claimed Espinoza Martinez was a "high-ranking member of the Latin Kings", but this claim was barred from trial by Judge Joan Lefkow. The case against Espinoza Martinez centered on messages he sent via Snapchat that some interpreted as an offer for Bovino's murder in exchange for $10,000.
The acquittal has raised concerns about due process and immigration policies targeting marginalized communities. Immigration authorities have been accused of prioritizing gang membership over the lack of evidence linking Espinoza Martinez to a crime.
Juan Espinoza Martinez, 37, a Mexican national who entered the United States as a minor over three decades ago, was found not guilty of offering $10,000 for the murder of US Border Patrol Commander Gregory Bovino in January last year. Despite his acquittal, he has been held by immigration authorities since October 6th.
On Friday, Judge James Hanlon ruled that Espinoza Martinez's detention was unlawful, as he had not undergone a hearing to assess him as a flight risk or danger. The judge handed down a 16-page order, which outlined the circumstances of Espinoza Martinez's case and the lack of due process afforded to him.
According to the court documents, Espinoza Martinez is facing deportation after being acquitted of murder-for-hire charges. However, Judge Hanlon has ordered that his detention be halted until he can have a reasonable conditions release or an opportunity for a bail hearing by 4 pm on Wednesday.
It was reported earlier that Espinoza Martinez was taken into custody shortly after his acquittal and has been held at the Clay County Justice Center in Brazil, Indiana. His lawyer, Michael Adler, argued that his client is a "working man with deep roots" who has never committed any crime and had no reason to be considered a flight risk.
Meanwhile, prosecutors initially claimed Espinoza Martinez was a "high-ranking member of the Latin Kings", but this claim was barred from trial by Judge Joan Lefkow. The case against Espinoza Martinez centered on messages he sent via Snapchat that some interpreted as an offer for Bovino's murder in exchange for $10,000.
The acquittal has raised concerns about due process and immigration policies targeting marginalized communities. Immigration authorities have been accused of prioritizing gang membership over the lack of evidence linking Espinoza Martinez to a crime.