A federal judge in Missoula denied a Helena man’s release petition after his detention by immigration officers, citing no jurisdiction over the case. Attorneys for Christopher Martinez Marvan claimed racial profiling led to his arrest, violating the Fourth Amendment rights. Authorities were searching for two Venezuelan men with outstanding warrants when they stopped Martinez Marvan, a Mexican national, on July 1.
Federal government attorneys argued that Judge Dana Christensen lacks jurisdiction, suggesting the case should be in immigration court. Assistant U.S. Attorney Ryan Weldon asserted the traffic stop was legitimate due to expired vehicle registration. Judge Christensen avoided commenting on the detention’s validity but denied the release petition and dismissed the case. This also lifted a previous order preventing Martinez Marvan’s removal from Montana and the United States. Martinez Marvan is in Cascade County Detention Center, Great Falls.
“If the Court lacks jurisdiction — which is the situation here — the Court is powerless to act, regardless of what the Court thinks about the merits of the case,” Christensen wrote.
Upper Seven Law attorneys plan to appeal the decision, maintaining the habeas clause is integral for relief from unlawful detention. Litigation Director Molly Danahy said the ruling contradicts the Fourth Amendment and habeas corpus purpose. “Deferring to the executive immigration machine under these circumstances contravenes the purpose of the Fourth Amendment and of habeas corpus. We look forward to appealing this decision to the Ninth Circuit.”
Christensen referenced the “zipper clause” in immigration law, which allows claims review only after administrative exhaustion in appeals court. Danahy argued that case law supports habeas corpus unless an adequate alternative exists, which is lacking due to potential indefinite detention during proceedings.
The government submitted a warrant for Martinez Marvan’s arrest based on immigration status and a notice for immigration court in Tacoma, Wash. Weldon confirmed proceedings had begun, reinforcing the court’s lack of jurisdiction. Martinez Marvan can raise constitutional arguments in immigration court. Upper Seven’s appeal to the Ninth Circuit is different from the immigration proceedings, as noted by Danahy.
—
Read More Montana News
