CLAYTON, Mo. – A Maryland Heights man accused of child molestation missed another court date Thursday after being picked up by U.S. Immigration and Customs Enforcement agents.

Mexican national Jose Hernandez-Gomez’s trial was postponed after ICE detained him while he was out on bond. Thursday, the judge set a trial date for October, but it is unclear if ICE will let him go.

“We want the feds to give him back. The state of Missouri has the right to have this case tried in its own right. The victim deserves to have their day in court as well,” Jason Korner, Hernandez-Gomez’s defense attorney, said.

ICE hasn’t complied with judge’s writ

The same judge had also issued a writ in April to try to have Hernandez-Gomez returned to state custody, but so far, ICE has not complied.

“They really are targeting people who have been released on bond, and obviously, state court judges believe they should’ve been released on bond for a reason,” Korner said. This is the third case in the St. Louis area that affiliate FOX 2 has learned of that has been complicated or delayed due to defendants out on bond getting arrested by ICE.

The same thing happened to Manpreet Singh. He was driving a tractor-trailer in a fatal wreck on Interstate 44 in Franklin County last year. He was charged with involuntary manslaughter, but his case is also in limbo. He is represented by the Combs Waterkotte Law Firm.

“Typically, we’ll have a court date once a month and, of course, he’s in federal custody. So, you can’t proceed in the defendant’s absence without our client being there,” Steven Waterkotte, managing partner at Combs Waterkotte Law Firm, said.

Different suspect with ICE until judge issued multiple orders

A different involuntary manslaughter defendant, Endrina Bracho, is awaiting trial after a car wreck that killed a 12-year-old. She was also in ICE custody until a judge issued multiple orders demanding her return. She is now back in Missouri and is expected to go to trial in August.

Other judges are trying different ways to bring these defendants back. A judge revoked Singh’s bond even though he had been in compliance until being detained by ICE.

“It was just a mechanism to potentially get him from federal custody back here in Missouri, so we can resolve this case here in Missouri,” Waterkotte said.

As for Hernandez-Gomez, an immigration attorney has plans to file a federal lawsuit to have him released to the state of Missouri. Korner hopes that the new trial date assigned on Thursday will help with that lawsuit. He and Waterkotte both say these defendants’ return will not only give them a chance to defend themselves, but it will also give victims an opportunity to see justice served.