HELENA — A federal district court judge in Missoula ruled Tuesday that they do not have the jurisdiction to act on the detention of Christopher Martinez Marvan, who was arrested on July 1 in Helena by federal immigration officers. Tuesday's ruling also means federal authorities can transfer Martinez out of state.
(Watch the full HPD body camera footage from when Martinez was arrested.)
Judge Dana Christensen denied the petition for the United States District Court for the District of Montana to assume jurisdiction over the detention of Martinez.
Martinez, 31, is a Mexican citizen who lived in Helena with his wife, a U.S. citizen, and their children.
In the petition, Martinez’s lawyers had also asked that he be released, alleging his detention violated the Fourth Amendment.
(Watch to hear from Martinez's lawyers about his detention.)
District Judge Dana Christensen ruled that his court did not have jurisdiction over the detention of Martinez, noting that the authority was with an Immigration Court and its appeal process. After exhausting the administrative process, they could then ask the U.S. Court of Appeals to review the case.
"If the Government has initiated removal proceedings, this Court lacks jurisdiction over this matter and Petitioner’s claims can only be heard, initially, by an Immigration Judge," wrote Christensen.
Christensen also lifted his temporary order to keep Martinez in Montana.
Upper Seven Law’s Litigation Director, Molly Danahy, provided the following statement to MTN: “We're disappointed in the Court's ruling. The habeas clause of the Constitution is meant to provide relief from unlawful detention by the executive. 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.”
Martinez is scheduled to see an Immigration Judge in Tacoma, Washington, on August 19, 2025, at 8:30 a.m.
A hearing on the matter was held Thursday, July 10, 2025, in Missoula. Martinez was in attendance on Thursday as attorneys debated what the federal government argues is a "standard immigration case," but his attorneys called it a constitutional violation.
Martinez was arrested on July 1, 2025, after being pulled over for having an expired vehicle registration.
At the time of his arrest, Helena police coordinated with U.S. Marshals, Homeland Security Investigations and U.S. Border Patrol on an arrest for Anderson DeJesus Bastidas Linares, who is accused of assault with a weapon and partner or family member assault. Homeland Security Investigations is a division of U.S. Immigration and Customs Enforcement (ICE).
("ICE activity" posters go up around Helena)
While conducting their search, officers saw a man they believed to match the suspect's description. Helena Police conducted a traffic stop on the vehicle, which was found to have expired registration. The driver of the vehicle was identified as Christopher Martinez of Helena, not Linares.
Helena Police said in a statement that upon verifying his identity, Homeland Security Investigations and U.S. Border Patrol discovered that he was subject to a federal detainer, and he was subsequently taken into custody by federal authorities.
Martinez was initially transported to a Border Patrol facility and has most recently been held at the Cascade County Detention Center in Great Falls. He was brought into the court in handcuffs, but he was let loose and embraced his wife and children before and after the hearing. Maria Pacheco, his wife, said Thursday was the first time she had seen him in person since his arrest.
“Not even having the chance to have a solution for him or not knowing exactly where he was also really scary for me,” she said.
Martinez was initially transported to a federal facility in Sweet Grass and then transferred to the Cascade County Jail.
The U.S. Attorney’s Office defended the government’s actions at the hearing. They argued that the actual justification for the stop was his vehicle’s expired registration and whatever else led up to it; that was a valid stop. They further argued that once authorities determined his identity and that he was in the country unlawfully, that information couldn’t be suppressed.
(A Montana immigration lawyer answers questions about U.S. immigration.)
Federal authorities said in a court filing this week that Martinez had crossed illegally into the U.S. multiple times, including four times in 2021. They also said he had applied to enter in 2014 and 2018, but was denied. They said he was currently under a 10-year ban because of his unlawful entries.
His attorneys told MTN they had some disagreements with the characterizations of his immigration record, but they were not ready to comment further.
Editor’s note: This story has been updated with additional information from Tuesday's ruling and a statement from Martinez's lawyers.
