GREAT FALLS — A federal judge ordered on Tuesday the release of a Mexican-born man held in Cascade County Detention Center following ICE raids in Bozeman.
David Cortes Torres, 20, was arrested June 29 in Bozeman, where he had been living since 2003, and was held in Helena. He appeared in federal court in Great Falls Tuesday before Judge Brian Morris.
Cortes Torres was represented by Upper Seven Law, whose lawyers argued his right to due process was denied after he was arrested and detained illegally and argued for his immediate release. They added that he went to high school in Bozeman and was the sole caretaker for his grandmother, who is undergoing chemotherapy.
They claimed the case mirrors that of Roberto Orozco-Ramirez, an immigrant and long-time Froid resident who was released in May after being held for more than 100 days.
“I think the legal decisions and the resolutions that the judge reached in the Orozco-Ramirez case are entirely applicable here. Even with the different facts, that if the judge applies Orozco-Ramirez, David should be going home to Bozeman,” said Andres Haladay, an attorney with the nonprofit Upper Seven Law.
Assistant U.S. Attorney Tim Tatarka argued on behalf of the government, saying the case of Cortes Torres, who is not a U.S. citizen, comes down to statutory interpretation and under a U.S. code, his detention is mandatory.
In his ruling, Morris specifically cited the Orozco-Ramirez case, noting that Cortes Torres was detained before he was given a bond hearing, which violated his Fifth Amendment right to due process. He added that Cortes Torres had no prior criminal record , strong community ties and was not a flight risk.
Morris ruled that Cortes Torres must be freed within 24 hours, and any property seized must be returned to him. If authorities seek to detain him again, prosecutors must provide "clear and convincing evidence" that his detention is warranted, according to the order.
-Additional reporting by Erik Olson/ MTN News
