Federal Judge Orders Release of Chicago Man Detained on Murder-for-Hire Plot, Accused of Being Flight Risk Without Due Process
A federal judge in Indiana has ruled that immigration authorities are holding a 37-year-old Mexican national, Juan Espinoza Martinez, unlawfully while awaiting trial. In January, Martinez was acquitted by a jury of offering $10,000 to murder U.S. Border Patrol Cmdr. Gregory Bovino, who was the face of the Trump administration's Operation Midway Blitz campaign in Chicago last year.
Martinez has been held in detention since his acquittal on January 22, despite Judge James Hanlon's order that he must either be released under reasonable conditions or have an opportunity for a bond hearing by Wednesday. The judge ruled that Martinez's detention is unlawful because he has not had a hearing in which an immigration judge can evaluate him as a flight risk or danger.
Martinez entered the United States as a minor over 30 years ago, "without inspection or lawful admission," according to Hanlon's order. He was detained by Homeland Security Investigations on October 6 and held until his acquittal. His lawyers argue that he has never been convicted of a crime and has no reason to be considered a danger to the community.
The Trump administration had originally accused Martinez of being a high-ranking member of the Latin Kings gang, but prosecutors failed to prove this at trial. The case against him centered on messages sent by Martinez via Snapchat, including one that read "10k if u take him down" and another that referred to "dead or alive."
Defense attorneys argued that social media is often riddled with misinformation and that no money exchanged hands in the alleged plot. Judge Hanlon's order does not provide further details on the prosecution's case.
Martinez's lawyers have filed a petition challenging his detention, citing his long history of living in Chicago and working for over a decade at his brother's construction company. The judge has also ordered the Trump administration to refrain from deporting Martinez while the litigation plays out.
A federal judge in Indiana has ruled that immigration authorities are holding a 37-year-old Mexican national, Juan Espinoza Martinez, unlawfully while awaiting trial. In January, Martinez was acquitted by a jury of offering $10,000 to murder U.S. Border Patrol Cmdr. Gregory Bovino, who was the face of the Trump administration's Operation Midway Blitz campaign in Chicago last year.
Martinez has been held in detention since his acquittal on January 22, despite Judge James Hanlon's order that he must either be released under reasonable conditions or have an opportunity for a bond hearing by Wednesday. The judge ruled that Martinez's detention is unlawful because he has not had a hearing in which an immigration judge can evaluate him as a flight risk or danger.
Martinez entered the United States as a minor over 30 years ago, "without inspection or lawful admission," according to Hanlon's order. He was detained by Homeland Security Investigations on October 6 and held until his acquittal. His lawyers argue that he has never been convicted of a crime and has no reason to be considered a danger to the community.
The Trump administration had originally accused Martinez of being a high-ranking member of the Latin Kings gang, but prosecutors failed to prove this at trial. The case against him centered on messages sent by Martinez via Snapchat, including one that read "10k if u take him down" and another that referred to "dead or alive."
Defense attorneys argued that social media is often riddled with misinformation and that no money exchanged hands in the alleged plot. Judge Hanlon's order does not provide further details on the prosecution's case.
Martinez's lawyers have filed a petition challenging his detention, citing his long history of living in Chicago and working for over a decade at his brother's construction company. The judge has also ordered the Trump administration to refrain from deporting Martinez while the litigation plays out.
. Juan Espinoza Martinez is being held without due process, basically treated like a criminal since he was acquitted of something that never even happened in court 
. He's been living in Chicago for decades, has a family, and works legit construction jobs... how can they say he's a flight risk? 
The government just made a mistake on this one, plain and simple 
. And what really gets me is the whole Latin Kings gang thing was just some misinterpreted Snapchat messages 
. Social media isn't always the most reliable source of info, fam 
. Martinez deserves better than to be treated like this while he's trying to clear his name 
. Can't believe the government is still trying to play "he's a danger to society" even though they have no proof. 10k if u take him down? Sounds like just an internet troll ranting 
. And who's really being held here, the guy accused of a crime or the system that's holding him up 
? Anyone else think this case is a perfect example of how social media is sometimes taken too seriously 
?
. I mean, he's had a life here for over 30 years, worked a legit job, and his lawyers are all like "he's not a flight risk" 
.
.
. Guess we'll just have to wait and see what happens next... 
It's just another example of how our immigration system can be super messed up. The fact that the Trump administration was pushing for his deportation because they thought he was part of some gang is just wild. Like, what evidence do they even have? 
. i mean, what if his lawyers are right and there was no proof of him being involved with the latin kings or whatever? shouldn't he get a fair shot at it again? this all feels like just another case of profiling to me 
.