Mexican citizen files emergency petition seeking bail

Attorney: Martinez about to lose business, home

An attorney representing a Mexican citizen being held in the Moshannon Valley Processing Center, Clearfield County, has filed an emergency petition with the federal District Court in Johnstown seeking bail for his client, who, he contends, is about to lose his business unless he is soon released.

The petition was filed Monday by York County attorney Daniel M. Pell, who is representing 49-year-old Antonio Martinez of Pittsburgh in his ongoing effort to stay in the United States.

Martinez has been living in the United States since 2002 and, according to his petition, he is in the home-remodeling business.

He has his own construction company and has two employees.

He was placed into removal proceedings on Feb. 26, 2019, and attended hearings conducted by Immigration Judge Antonio Capistrano.

In his petition, Martinez reported that the judge indicated he would approve deportation relief through what is known as a "reserve grant," which is available annually on a limited basis through Congress.

By receiving a grant, Martinez would be permitted to remain in the United States and obtain lawful permanent resident status.

According to the petition, there is a four-year waiting period for such a grant.

By way of background, the petition reported that Martinez obtained construction materials for his business through a supplier who also was a licensed firearms dealer and he noted that he filled out an application to buy a handgun.

However, a background check came back negative, which meant he could not purchase a gun.

On Feb. 20, 2025, he was charged with making false statements on the application, and in May, when he was to attend a preliminary hearing on those charges and before he could enter the courtroom, he was taken into custody by agents of Immigration and Customs Enforcement.

He was then transferred to Moshannon Valley.

There has been little movement on his application for asylum and his attempts to obtain a reserve grant.

His federal petition states that Martnez "is in imminent danger of losing his business, his home, his cars and is no longer able to support his two minor U.S. citizen children."

Pell indicated that the deportation officer in the Martnez case "has refused and failed to communicate with the undersigned counsel."

He is asking that a judge in the Johnstown court hold a bail hearing so that Martinez can be released, noting that the Immigration Court system suffers from backlogs and delays.

When contacted, Pell stated he could not discuss the case, pointing out that it is "complex."