MISSOULA — Lawyers for a Helena man detained by immigration officials claimed at a federal district court that racial profiling was involved in his arrest and sought his release. Christopher Martinez Marvan, a 31-year-old Mexican national, was stopped by Helena police and U.S. Immigration and Customs Enforcement officers in July, while they were looking for two Venezuelan fugitives. He had no outstanding warrants.
Federal attorneys argued that Judge Dana Christensen lacks jurisdiction, suggesting the case should proceed in immigration court. Christensen withheld a decision. Newly revealed recordings show officers monitored Martinez Marvan’s vehicle before stopping him for expired license plates. Video captured him being interrogated by federal officers.
Helena Police Chief Brett Petty expressed disappointment over a comment made during the stop, as Officer Andrew Barton remarked, “Yeah, he’s like, he’s being kidnapped right now,” captured on body cam video. Police officer Seth Montgomery’s footage showed the stop being initiated over expired plates.
Upper Seven Law was notified of Martinez Marvan’s detention and filed for his release. After being moved to various facilities, he remains at Cascade County Detention Center. Attorney Molly Danahy argued that the stop violated his Fourth Amendment rights and urged the court to exclude evidence from the “unlawful” stop in any re-detention.
Danahy emphasized that Martinez Marvan does not need detention during immigration proceedings for non-criminal actions. Christensen is considering the court’s jurisdiction concerning habeas corpus claims, given the arrest warrant and immigration status presented by Assistant U.S. Attorney Ryan Weldon, who maintained that the court should not hear the case.
Martinez Marvan’s wife, Maria Pacheco, shared feeling unresolved after seeing her husband in court. Supporters attended the hearing, voicing opposition to aggressive immigration tactics. Upper Seven’s Sommers-Flanagan criticized the broader immigration strategies, noting many detentions lack criminal basis.
—
Read More Montana News
