Martinez v. Doll et al.

Gay man who has lived in the United States for 17 years has been held in ICE detention since January, when he attended a routine interview with USCIS

Court/Assoc.: Federal District Court for the Middle District of Pennsylvania

Attorneys/Firms: Golnaz Fakhimi and Witold Walczak (ACLU of Pennsylvania); Ilana H. Eisenstein, Lauren M. Wilchek, and Mark A. Kasten (DLA Piper)

On May 22, 2018, the American Civil Liberties Union of Pennsylvania and the law firm DLA Piper LLP (US) filed a legal complaint in federal district court to end the unlawful detention of Jose “Ivan” Noe Nuñez Martinez, requesting that the court either immediately order his release or conduct a bond hearing. Nuñez Martinez has been detained without a bond hearing since January 31, when he showed up for a mandatory interview with U.S. Citizenship and Immigration Services (USCIS) and was arrested by U.S. Immigration and Customs Enforcement (ICE).

Nuñez Martinez, 37, is a gay man from Michoacán, Mexico, who is married to Paul Frame, an American citizen. After the 2001 murder of a gay friend, Nuñez Martinez feared for his own life and fled to the United States. In order to guarantee their life together in the U.S., Frame submitted a Petition for Alien Relative to USCIS for Nuñez Martinez. On January 31, they both showed up for what they expected would be a routine marriage interview at a USCIS office. However, ICE agents stormed into the room mid-interview and arrested Nuñez Martinez, unlawfully detaining him without bond at the York County Prison, where he remains.

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