Federal Judge Rules Immigration Authorities Unlawfully Detained Acquitted Man in Bovino Murder-for-Hire Plot Case
A US District Judge in Indiana has found that immigration authorities are detaining a Chicago man without lawful authority, despite his acquittal on charges related to a murder-for-hire plot against a US Border Patrol commander. Juan Espinoza Martinez, 37, was acquitted last month of offering $10,000 for the murder of Gregory Bovino.
The judge, James Hanlon, ruled that Martinez's detention is unlawful because he has not had a hearing in which an immigration judge could assess him as a flight risk or danger to society. Martinez, a Mexican citizen who entered the US as a minor over 30 years ago without inspection or lawful admission, was detained by Homeland Security Investigations on October 6 and remained in custody until his acquittal on January 22.
The case against Martinez centered around a Snapchat message he sent someone via Snapchat, which included references to the Latin Kings gang. However, defense attorneys argued that social media messages are often misinterpreted and that no money exchanged hands or any weapons were purchased.
The judge's order allows for Martinez's release under reasonable conditions or gives him an opportunity for a bond hearing by Wednesday. It also prohibits the Trump administration from deporting Martinez during this time. Martinez has been living in Chicago for 30 years and works at his brother's construction company, according to his attorney Michael Adler.
A US District Judge in Indiana has found that immigration authorities are detaining a Chicago man without lawful authority, despite his acquittal on charges related to a murder-for-hire plot against a US Border Patrol commander. Juan Espinoza Martinez, 37, was acquitted last month of offering $10,000 for the murder of Gregory Bovino.
The judge, James Hanlon, ruled that Martinez's detention is unlawful because he has not had a hearing in which an immigration judge could assess him as a flight risk or danger to society. Martinez, a Mexican citizen who entered the US as a minor over 30 years ago without inspection or lawful admission, was detained by Homeland Security Investigations on October 6 and remained in custody until his acquittal on January 22.
The case against Martinez centered around a Snapchat message he sent someone via Snapchat, which included references to the Latin Kings gang. However, defense attorneys argued that social media messages are often misinterpreted and that no money exchanged hands or any weapons were purchased.
The judge's order allows for Martinez's release under reasonable conditions or gives him an opportunity for a bond hearing by Wednesday. It also prohibits the Trump administration from deporting Martinez during this time. Martinez has been living in Chicago for 30 years and works at his brother's construction company, according to his attorney Michael Adler.
! I mean, come on, a guy gets acquitted of a murder-for-hire plot, but the immigration authorities just keep him locked up? That's some crazy stuff. But at the same time, can you blame them for being cautious? The whole Snapchat message thing did raise some eyebrows... 
Still, it's a shame that Martinez has to go through all this drama just because of his immigration status. I guess it's good that there's someone looking out for him, like his brother and lawyer Michael Adler 
. And yeah, let's hope he can get released under reasonable conditions or at least have a bond hearing soon. This whole situation is just... ugh, so complicated 
Martinez has been living in the US for 30 years, working and paying taxes, and yet he can't even get his freedom back without some judge stepping in. 
It's all about due process, you know? He shouldn't have to face deportation just because of a social media message that was misinterpreted by the authorities. 
And what's with the Trump admin being allowed to keep its hands off him during this time? That's just more red tape. 
I feel bad for Martinez and his family who's been dealing with this ordeal for months. Maybe it's time for a reform in how these things are handled at the immigration level. 
This judge is doing the right thing... it's about time someone stood up for Juan. He's been living in the US for like 30 yrs already & has a job, family... what more proof do they need? 
Detaining him just cuz of a Snapchat message is ridiculous. The whole thing sounds like a case of "profiled" to me. They're basically saying he's still a threat even though he was acquitted, that's not fair. 
This is just wild... can't believe they're detaining someone without even giving 'em a proper hearing 
. also, why do we assume someone's intentions based on social media posts? can't we try to understand the context? 
all these detention drama cuz of some snapchat messages that were prob taken outta context anyway . 30 yrs in chicago, works at his bro's construction co... seems like a pretty normal guy to me 
its rite they cant deport him 4 now tho 
apparently the judge said he has to be released or get a bond hearing by wednesday 
this is all so crazy i don't know what's next 
Immigration authorities are getting way out of line 
and still stuck in detention 
? Can't he just live his life now? 
. This is why we need more transparency and due process 
!
. I'm all about justice & equality, and it's amazing to see a judge like James Hanlon fight for what's right 
. Martinez is not a danger to society at all, just a hardworking guy trying to live his life 
It's just not right that our immigration system is allowed to be so... un-American? 
.
️ it just goes to show that our immigration system can be super flawed at times.
.
. i'm glad the judge stepped in and said nope, you can't detain him without due process 
.
And it's like, come on, a Snapchat message isn't enough evidence to say someone's a danger to society.