Trump meets with Jocelyn Nungaray's family as illegal immigrant murder suspect complains he is not being treated fairly

The lawyer for one of the suspected illegal immigrants accused in the murder of 12-year-old Texas resident Jocelyn Nungaray has filed for a temporary restraining order to ensure that negative media coverage of the case does not deprive him of his right to a fair trial.

Two Venezuelan citizens – 21-year-old Johan Jose Martinez-Rangel and 26-year-old Franklin Jose Peña Ramos – were charged with capital crimes in connection with Nungaray's death after the 12-year-old was found strangled in a Houston creek on June 17.

The two men are said to entered illegally to the USA earlier this year.

Peña's lawyers sought a temporary restraining order “to prevent the parties to this proceeding, law enforcement officials, the Houston Forensic Science Center, or court personnel from making out-of-court statements or otherwise disseminating information relating to this proceeding through any public means of communication.”

JOCELYN NUNGARAY WAS SEXUALLY ASSAULTED BY ILLEGAL IMMIGRANTS BEFORE ALLEGED MURDER, FAMILY SAYS

In the motion for a temporary restraining order, viewed by Fox News Digital, lawyers argued that media attention during Peña's trial was “likely to result in undue bias.”

“The additional out-of-court statements to the news media are likely to create undue bias in the community and deprive the defendant of a fair trial guaranteed by Article I of the Texas Constitution and the Sixth and Fourteenth Amendments to the United States Constitution,” the motion states.

The filing argued that Harris County District Attorney Kim Ogg “made numerous statements about the case that went beyond what the prosecutor said during the probable cause hearing.”

In the documents, Ogg is quoted as saying: “[M]make no mistake, this is a horrific crime” and “the immigration system is broken.” Peña's lawyer argued that these statements would lead to prejudice in his trial.

12-year-old Jocelyn Nungaray was found strangled in a creek in Houston. (Fox Houston courtesy of the Nungaray family)

In the filing, Peña's lawyers concluded their request by asking all parties involved in the case to “refrain from making any further out-of-court statements regarding this case and from further disseminating any information regarding this case, regardless of whether the information has previously been made available to the public, by means of public communication. They also requested any other appropriate and just remedies in this case.”

MURDER OF JOCELYN NUNGARAY: TEXAS COUNTY IS LABELLED A 'HAVEN FOR CRIMINALS' AS DEMOCRATIC PROSECUTOR TRIES TO SHIFT BLAME

Jocelyn Nungaray was killed on June 16, 2024 in north Houston. (Getty Images)

The family of Jocelyn Nungaray speaks out

Nungaray's murder has led to calls for stronger border protection and greater accountability.

Illegal immigrant accused of killing Jocelyn Nungaray wore an ice ankle brace

During Trump's visit to the southern border on August 22, Alexis Nungaray, the 12-year-old's mother, spoke about her daughter's murder.

“It's still very, very early. It's still very, very immature. It's still very, very surreal,” she said.

Former President Trump comforts Alexis Nungaray, the mother of Jocelyn Nunagaray, who was killed by illegal immigrants in June, during a visit to the U.S.-Mexico border fence south of Sierra Vista, Arizona, August 22, 2024. (Rebecca Noble/Getty Images)

Alexis said Peña and Martinez “should not have been released” after their first arrest.

“There were over 300 detention beds that they should have been in because they were incarcerated, and they were released when they shouldn't have been released,” Alexis said. “One had an ankle bracelet, but that didn't stop anything.”

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“So now I have to spend the rest of my life with my son always asking about his sister,” she said.

Fox News Digital has reached out to the Harris County District Attorney's Office and Peña's attorney for comment.