Judge halts deportation of immigrant acquitted of plot to assassinate Border Patrol chief
The case has generated attention among civil rights advocates and immigrant communities, as it could set a precedent on the right to bail
A federal judge in Indiana on Wednesday ordered the Trump Administration to suspend the deportation of Juan Espinoza Martinez, an immigrant who was acquitted last month of charges of offering $10,000 to assassinate the commander of US Border Patrol Agent Gregory Bovine.
Judge James Hanlon determined in his ruling that Espinoza Martinez is likely entitled to a bond hearing, which could lead to his release in the coming days. The judge maintained that the law supports the defense's position that the defendant is not subject to mandatory detention following his acquittal.
Espinoza Martinez had been in federal custody since early October, when he was arrested on charges of murder for hire. However, a federal jury found him not guilty on January 22, after just three hours of deliberation, following a brief trial held in a federal court in Chicago.
Despite the acquittal, Espinoza Martinez was immediately turned over to Immigration and Customs Enforcement (ICE), which initiated deportation proceedings. The Department of Homeland Security (DHS) accused him of being in the country without legal status and of being a high-ranking member of the Latin Kings gang, an accusation that was neither presented nor evaluated during the criminal trial.
Connection to controversial immigration operation
The case is especially relevant because Commander Gregory Bovino has been one of the leading figures in the immigration strategy promoted by the Trump Administration in states governed by Democrats. Last year, Bovino led the controversial “Operation Midway Blitz” in Illinois, which drew criticism for its impact on immigrant communities.
Espinoza Martinez's lawyers filed a petition in the Southern District of Indiana, challenging his detention at the Clay County Justice Center in Brazil, Indiana.
In his ruling, Judge Hanlon also ordered the federal government not to transfer Espinoza Martinez outside the jurisdiction of the United States, not even outside the Seventh Circuit Court of Appeals, which covers Illinois, Indiana, and Wisconsin,in order to ensure that the court maintains authority over the case. The judge also demanded that the Trump Administration formally respond to the defense's request by next Friday. The case has garnered attention among civil rights advocates and immigrant communities, as it could set a precedent regarding the right to bail and the limits of immigration detentions after an acquittal in federal court.