Fernando Simon Martinez/Mexico/Aggravated Assault

Fernando Simon Martinez, a Mexico national living in the country illegally, was taken into custody by ICE agents in Omaha, Nebraska, on charges of aggravated assault.

Robbery and aggravated assault charges involving illegal aliens typically trigger dual enforcement — a state criminal prosecution alongside a federal immigration removal proceeding that moves on an independent timeline. Immigration authorities file immediate detainers to prevent release, ensuring Martinez cannot be released without federal clearance pending both the criminal case and a separate hearing before an immigration judge.

Following the arrest, Martinez was transferred to federal immigration detention. Removal proceedings before a Department of Justice immigration judge are pending, with Mexico as the country of removal.