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Judge orders release of detained man born in Mexico and living in Bozeman
The judge found ICE violated Torres’ due process rights and said the government must show clear and convincing evidence to detain him again.
- On Tuesday, U.S. District Court Judge Brian Morris ordered the immediate release of 20-year-old Jose David Cortes Torres from detention. Morris ruled that Immigration and Customs Enforcement violated Torres's constitutional right to due process.
- Immigration and Customs Enforcement detained Torres on June 29 as part of a "dragnet operation targeting Latinos" in Bozeman, following a mandatory detention policy the federal government implemented in July of last year.
- Torres has lived in Bozeman for three years with no criminal record and serves as the primary caretaker for his grandmother undergoing chemotherapy. Attorney Andres Haladay of Upper Seven Law argued the arrest lacked individualized justification.
- Morris ordered Torres released within 24 hours and all seized property returned. If authorities seek to detain him again, prosecutors must provide "clear and convincing evidence" that detention is warranted.
- The ruling mirrors the May release of Roberto Orozco-Ramirez, an immigrant whose due process rights were similarly violated. Morris acknowledged that some judges disagree with his assessment of the mandatory detention policy's legality.
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NBC MontanaReposted by 
Montana Free Press
Montana Free PressFederal judge orders immediate release of Bozeman resident from immigration detention
A federal judge on Tuesday evening ordered the immediate release of a Bozeman resident who was detained late last month by federal immigration officials, who al
·Missoula, United States
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Bozeman man stays in Cascade County jail during ICE court hearing
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…
·Madison, United States
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Judge weighs ICE incarcerating 20-year-old Bozeman man
Great Falls — Attorneys for Bozeman resident Jose David Cortes Torres successfully argued on his behalf during a show cause hearing in U.S. District Court on Tuesday. Torres is to be released within 24 hours.
·Cherokee County, United States
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