U.S. Immigration and Customs Enforcement

'Unrestorably incompetent,' presently unconvictable, and undeportable — Oswaldo Martinez held indefinitely in legal limbo

'Unrestorably incompetent,' presently unconvictable, and undeportable — Oswaldo Martinez held indefinitely in legal limbo

More than 14 years after Oswaldo Martinez was accused of beating, raping and murdering a 16-year-old girl, his case remains in legal limbo: he still can’t go to trial because he has been found “unrestorably incompetent.”

Now, a bill from the General Assembly awaiting Gov. Ralph Northam’s signature could make it easier for the state to hold him in custody for longer periods of time with fewer court hearings.

At the same time, the federal agency tasked with determining Martinez’s immigration status has said it can’t — and that he might not be an illegal immigrant at all.

Martinez has remained at the Central State Hospital in Petersburg because he is unable to...

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