Court orders man detained by ICE in Bozeman to be released 

GREAT FALLS, Mont — A man detained by ICE in Bozeman was ordered released within 24 hours after a U.S. District judge reviewed his case in Cascade County Tuesday.

NonStop Local learned that 20-year-old David Cortez Torres, who had been held in Cascade County while the judge looked over the case, is now set to return home.

His lawyers argued he was detained without due process. They also said he had no prior criminal history and was a valued member of his community, as he was a caretaker for his grandmother.

"We think the judge got it right. We're thrilled for David. We're so glad to see him go home," Upper Seven Law Center attorney Andres Haladay told NonStop Local. His attorneys also say while Cortes-Torres may still have some immigration matters to attend to still, they're grateful he can now deal with those issues from home.

GREAT FALLS, Mont. — After less than an hour of arguments at the federal courthouse in Great Falls, 20-year-old Bozeman man Jose David Cortes-Torres stays at the Cascade County Detention Center while Judge Brian Morris considers the next step. Morris said a decision could take about a week.

Cameras were not allowed in the courtroom Tuesday. Attorneys with Upper Seven Law Center argued Cortes-Torres was wrongly detained by ICE and asked the judge for his outright release.

Prosecutors with the U.S. District Attorney’s Office argued the case should move to immigration court for a bond determination.

NonStop Local spoke with Upper Seven attorney Andres Haladay, who represents Cortes-Torres and questioned why ICE stopped him.

"What basis ICE had to stop David and nothing has been explained to us. I generally do not have the ability to stop vehicles the way you think of the Montana Highway Patrol or the Gallatin County Sheriff's Office. So right there that is hugely concerning," Haladay said.

Haladay also said Cortes-Torres was held for more than 24 hours at a Homeland Security facility in Helena. He said ICE pressured him to leave the country and blocked meaningful access to an attorney.

Cortes-Torres was arrested by Immigration and Customs Enforcement last week. His attorneys said the arrest happened during what they described as a masked dragnet operation targeting Latinos in the Bozeman area, which led to protests from Bozeman residents.

Upper Seven Law filed a federal habeas petition last week. The District of Montana ordered that Cortes-Torres remain in Montana until the case is resolved.

"When judge Morris issued the order to show cause to the federal government, one of the provisions of that order was David may not be moved until the Habeas proceeding is complete," Haladay said.

The Cascade County jail roster showed nearly 20 people are being held there on immigration-related charges.

Two of those men also appeared before a federal judge in Great Falls on Tuesday after their arrests in April. They are accused of trying to enter Malmstrom Air Force Base to work at a construction site.

ORIGINAL COVERAGE: July 7 at 4:50 p.m.