Upper Seven Law challenges ICE arrest and detainment following Bozeman operations

BOZEMAN, Mont. — A nonprofit legal firm is representing a man detained after an immigration arrest tied to a traffic stop in Bozeman and is arguing ICE violated his Fifth Amendment right to due process. 

Upper Seven Law filed a petition on behalf of Jose David Cortes Torres after his arrest last Monday. The filing alleges ICE stopped him, examined his license and arrested him without a warrant. 

The petition said he was taken to Helena before being transferred to the Cascade County Detention Center. It requests a writ of habeas corpus, asking ICE to show cause for his arrest and detention. 

Andres Haladay of Upper Seven Law said the firm has major questions about how the arrest happened. 

“We don'tknowwhat basis ICE had to even stop David. Nothing has been explained to us. ICE generally does not have the ability to stop vehicles," he said. 

The petition also alleges ICE agents attempted to coerce Cortes Torres to sign a document approving his deportation. 

The Cascade County Detention Center roster lists several other immigration inmates. It appears, ICE was conducting sweeps of Bozeman last week, Haladay said. 

"It's not clear to us from the information we've seen, but it looks like they were relatively indiscriminate arrests, meaning they weren't actually looking for specific people but were grabbing individuals they thought might not have citizenship status," he said.  

A hearing for Cortes Torres is scheduled for Tuesday, July 7 in Great Falls. The petition explains that Cortes Torres is the primary caregiver for his grandmother in Bozeman and asks for relief through his release. 

NonStop Local reached out to ICE's public affairs office for comment on the arrest and the hearing and has not heard back as of Monday, July 6.