ICE Arrests Man Facing Third Deportation in Removal Proceedings
Martin Martinez-Ballinas entered the United States illegally twice after being deported — and is now sitting in ICE custody in New Jersey, facing a third removal. His case, made public by ICE on July 31, 2026, illustrates how federal prosecutors treat repeat illegal reentry: as a serious felony with escalating consequences. For anyone currently in removal proceedings, the details matter.
Martin Martinez-Ballinas, a 38-year-old Mexican national, is in ICE custody in New Jersey and facing deportation for the third time. ICE took him from federal prison at Fort Dix on July 22, 2026, where he had been serving time for illegal reentry after a prior removal. His case shows how federal authorities treat repeat immigration violations — and why the consequences grow sharply with each offense.
A Timeline of Removals and Reentries
Martinez-Ballinas was first deported in 2020 after completing a prison sentence for a 2017 felony conviction in Maryland — a deadly automotive offense that killed a U.S. Marine. Less than a year later, in 2021, U.S. Border Patrol caught him trying to cross the southern border in the Rio Grande Valley, Texas. A federal court in the Southern District of Texas convicted him of illegal reentry and sentenced him to 15 months in prison. ICE removed him a second time in October 2022. He entered the United States again undetected and was arrested in Maryland in December 2023. He has been in federal custody since then.
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ERO Newark Acting Field Office Director Arthur J. Wilson, Jr. said in a statement: "Martinez-Ballinas repeatedly and flagrantly disregarded the laws of the United States and faces deportation for the third time." Wilson added that federal offenses carry serious consequences and that ICE will continue to enforce immigration law.
What This Means for People in Removal Proceedings
This case is a stark example of how illegal reentry after deportation is treated as a federal felony — not just an immigration violation. A prior removal order on your record makes every subsequent immigration step harder: it can bar you from most forms of relief, including asylum, and can result in immediate reinstatement of the original removal order without a new hearing before an immigration judge. If you have a prior deportation on your record and are currently in the US, your legal options are narrow but may still exist depending on your specific circumstances.
What to do
- If you have a prior removal order and are still in the US, contact an immigration lawyer immediately — reinstatement of removal can happen quickly and without a full court hearing.
- If you receive a notice to appear in immigration court (called an NTA, or Notice to Appear), do not miss that hearing. Missing it almost always results in an automatic removal order issued in your absence.
- If ICE detains you or a family member, you have the right to contact an attorney. Ask for a list of free or low-cost legal aid organizations — ICE detention facilities are required to provide one.
- If you are appealing a removal order, the deadline to file with the Board of Immigration Appeals (BIA) is 30 days from the date of the order. Missing that window can end your options in immigration court.
Related: our step-by-step guide — “Your Rights During an ICE Encounter”.
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A prior removal order is one of the most serious obstacles in US immigration law. If ICE reinstates that order, you generally do not get a new hearing before an immigration judge — the original order is simply re-executed. The narrow exceptions include a credible fear of persecution claim, which can trigger a limited review process. Anyone with a prior deportation who is currently in the US should consult an immigration attorney before any contact with law enforcement or immigration authorities.
Frequently Asked Questions
What happens if someone re-enters the US illegally after being deported?
Illegal reentry after deportation is a federal felony. The person can be prosecuted in criminal court and sentenced to prison, and ICE can reinstate the original removal order — meaning deportation can happen again without a new immigration court hearing.
Can a person with a prior deportation order apply for asylum?
It is very difficult. A reinstated removal order generally bars most forms of immigration relief, including asylum. However, if the person can show a credible fear of persecution or torture in their home country, they may qualify for a limited review called 'withholding of removal' or protection under the Convention Against Torture.
How long does someone have to appeal a removal order?
The deadline to appeal a removal order to the Board of Immigration Appeals (BIA) is 30 days from the date the immigration judge issues the order. Missing this deadline almost always means losing the right to appeal inside the US immigration court system.
What rights does someone have if ICE detains them?
You have the right to contact an attorney. You also have the right to request a bond hearing before an immigration judge, where a judge decides whether you can be released while your case is pending. ICE detention facilities must provide a list of free or low-cost legal aid organizations upon request.