Federal judge orders release of unlawfully detained Yellowstone County man

A federal judge has ordered  the release of Jesus Verde Hernandez, a Worden man whose attorneys said he was unlawfully detained last week by Customs and Border Patrol.

Hernandez was being held in the Cascade County Detention Center after authorities arrested him the afternoon of July 30 in Lewistown and transported him to Jordan, Malta, Havre and Great Falls during the course of 30 hours.

A news release Friday from Upper Seven Law, the law firm representing Hernandez, said Customs and Border Patrol detained him while looking for another man they said resembled him. The court order said officials had no warrant for his arrest nor probable cause.

An earlier court filing said federal authorities tried to force Hernandez to deport himself.

The government tried to argue Hernandez should “exhaust his administrative remedies” before going to federal court, but the judge disagreed.

In the order, Chief District Judge Brian Morris said the government has been dedicated to enforcing a policy “deemed unlawful by the majority of courts.”

It said Hernandez doesn’t need to run through administration options in this case because he is not required to “exhaust a process that was deficient from the outset.”

The court order said the government should release Hernandez “on appropriate conditions based on violations of his constitutional rights.”

Upper Seven is seeking class certification in the case and said Hernandez is among 17 people being unlawfully held in the Cascade County Detention Center.

The court will hear class claims on Aug. 18 in Missoula.  The order Friday applied only to Hernandez.

The nonprofit law firm filed the petition against the Cascade County sheriff and U.S. officials including Department of Homeland Security Secretary Markwayne Mullin and Acting Attorney General Todd Blanche.

Hernandez has lived in Montana with his partner of 14 years for the last 10 years, and they have three young children. They recently fostered a homeless teen.

The court order said no record shows criminal history for Hernandez or any previous interactions between the Yellowstone County man and immigration.

“Jesus should never have been detained,” said Molly Danahy, Upper Seven Law’s litigation director, in a statement. “Federal immigration authorities have been operating in Montana with impunity, arresting people without statutory authority to do so, and transporting them out of state before their actions can be examined by the judiciary.

“Today’s order simply requires federal officials to comply with the law.”

The order said the government can’t re-detain Hernandez during removal proceedings unless it first holds a hearing, with adequate notice, and proves detention is appropriate under the correct statute.