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Helena man detained by ICE remains in custody for now, lawyers argue jurisdiction • Daily Montanan [1]
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Date: 2025-07-10
A Helena man detained by U.S. Immigration and Customs Enforcement agents looking for different Latino men had his rights violated and should be released immediately, his lawyers argued Thursday in U.S. District Court in Missoula.
Additionally, the court should prevent the U.S. government from immediately re-arresting Christopher Martinez based on the same evidence — because it was obtained illegally, said lawyer Molly Danahy of the Upper Seven law firm.
But Judge Dana Christensen said he wanted to know whether the federal district court had authority in the first place, and Assistant U.S. Attorney Ryan Weldon said the court did not.
Rather, Weldon said the case against Martinez should be heard in immigration court, also the proper venue for raising questions about his rights.
Thursday, the lawyers made their arguments to Christensen before a full gallery in a case that has sparked alarm and outrage in Helena and beyond.
Martinez is a Mexican citizen and national who lives in Helena with his wife and children, according to court records. His wife and their children are American citizens.
After a U.S. Marshals Service officer released his handcuffs in court, Martinez reached out to his family in the gallery and touched the face of the littlest child.
Last week, law enforcement officers arrested Martinez during a hunt for two different people, Venezuelan nationals, according to court records.
Martinez’s lawyers allege he was detained illegally, based on appearing to share the same racial ethnicity as the suspects.
His attorneys said Martinez was engaged in legal activity when he was arrested. They said he was buying parts to fix a hot tub he was repairing.
But a nearby area was under surveillance, and in search of the other suspects, Helena Police Department officers who were part of the task force observed Martinez, a court document said. It said an ICE officer then requested police stop Martinez.
Six minutes later, police determined his truck had expired plates, court records said. They said a masked ICE officer and other officers interrogated Martinez about his immigration status.
The officers could easily have verified Martinez’s identity and confirmed he was not one of their suspects based on a traffic stop the previous day, attorneys said. Instead, they purposefully delayed processing the citation, and ICE officers took him to an unmarked vehicle.
In court, the U.S. Attorney’s office confirmed removal proceedings had started against Martinez.
However, in response to a question from Christensen, Weldon confirmed he understood the judge did not want Martinez deported before he had a chance to issue an order.
The judge ruled Martinez would remain in custody in the meantime.
Martinez’s lawyers are asking the court to find it has jurisdiction in the case, declare his detention violates the Fourth Amendment’s protections against illegal search and seizures, and to release him immediately.
Danahy argued law enforcement officers had no reason to arrest Martinez before they stumbled across his expired registration after first racially profiling him.
And she said the law does not allow officers to “transform” an issue into an immigration case without prior suspicion.
However, the judge read from court records that said Martinez illegally entered the U.S. on multiple occasions and was expelled. The records the judge read said he applied for entry in 2014 and 2018 but was denied and was under a 10-year ban as a result.
Christensen also wanted to know what would prevent the U.S. government from indicting Martinez for illegal re-entry even if he was released from custody.
Danahy, though, said the government gathered evidence about him unlawfully, and the court should stop the government from immediately rearresting Martinez.
Weldon, on behalf of the government, argued Martinez is being held on a lawful arrest warrant, and the parties were essentially “in the wrong courthouse.”
He said Martinez could raise questions about whether his arrest was legal in the immigration court instead.
“Mr. Martinez will have his day in court, but that day is not in this court,” Weldon said.
Christensen said he would issue an order as quickly as possible.
In a press conference after the hearing, Upper Seven founder Rylee Sommers-Flanagan said Martinez did not have a criminal record or warrant for arrest when he encountered ICE agents.
“They were not looking for Christopher,” Sommers-Flanagan said.
However, he has been detained for the past nine days, his lawyers said.
Sommers-Flanagan said the situation is tied to an “aggressive attack” on immigration by the Trump administration, and it presents “a somewhat unprecedented moment for courts.”
“They need to have an opportunity to consider these questions really thoroughly,” she said.
After the hearing, Martinez’s wife, Maria Pacheco, said her husband was deprived of his rights.
She and his lawyers also said he was prevented from seeing an attorney while initially detained in Lewis and Clark County.
“I just think it’s unfair,” Pacheco said. “He should have the time to be with his kids and his wife.”
The hearing drew members of the League of Women Voters of Missoula and members of the public. In a statement, local league President Mary LaPorte said the organization was concerned about the lack of due process afforded to Martinez.
“When due process is denied to some people, it puts all of our rights at risk,” LaPorte said.
Community member Nancy Seldin of Missoula said she showed up to court because she believes the justice system should be fair to all.
“I think it’s important for citizens to show up in support of people who might be subject to extrajudicial proceedings,” Seldin said.
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