MISSOULA — On Thursday in Missoula, a federal hearing was held for Christopher Martínez Marvan, a Mexican citizen and Helena resident who was arrested by federal immigration authorities.
Martinez was in attendance on Thursday as attorneys debated what the federal government argues is a "standard immigration case," but his attorneys called a constitutional violation. Federal Judge Dana Christensen, who presided over the hearing, questioned whether he had the authority to take the actions Martinez’s attorneys are asking.
(Watch the full HPD body camera footage from when Martinez was arrested.)
The 31-year-old 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.
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.
(A Montana immigration lawyer answers questions about U.S. immigration.)
Martinez was initially transported to a federal facility in Sweet Grass and then transferred to the Cascade County Jail.
His lawyers have accused the detention of being unconstitutional, his arrest racially motivated and claim he was prevented from initially speaking with them.
“If this unlawful detention is not challenged until immigration proceedings commence and are finalized, then it essentially destroys any opportunity for Christopher to obtain relief on his unlawful detention because he will have been in detention during that entire time,” said Molly Danahy, Martinez’s attorney.
According to his family, Martinez has lived in Helena for around three years with his wife, who is an American citizen, and their children.
The U.S. Attorney’s Office is defending the government’s actions. They argued 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.
Martinez’s attorneys argued the actual decision to make the stop came from federal officers – and before they determined his registration was expired.
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.
The federal filing also indicated Martinez had been arrested in 2023, and that police identified him through a booking photo from that incident.
Searching through court records, MTN was able to obtain the written citation from Helena Police, which stated Martinez, “purposely caused bodily injury to the victim by pushing her and punching her in the left side of her face. The victim is the defendant’s wife.” The incident occurred in January of 2023 and resulted in Martinez being arrested for partner family member assault. Although court documents show the charge was subject to a deferred prosecution and later dismissed by prosecutors.
("ICE activity" posters go up around Helena)
During Thursday’s hearing, Martinez’s attorneys said they wanted the court to order him released while his immigration case moves forward. Federal attorneys argued that Congress has determined that these cases should be handled through the immigration court system, and that Martinez could raise the constitutional issues there.
“Mr. Martinez will have his day in court, but that day is not in this court,” said Ryan Weldon, an assistant U.S. attorney.
Thursday’s hearing in Missoula was packed with people, many of whom supported Martinez. Outside the courthouse, protesters gathered to support Martinez.
“When people are afraid, they act out and lies become a trigger. So lies are being used to trigger people against refugees and people who have come here looking for a better place to live,” said Melissa MacKenzie.
Judge Christensen said he would take this matter under advisement, but that he understood there was a need to move quickly. He asked federal attorneys to confirm that Martinez would not be removed from the U.S. before he makes a decision.
EDITOR'S NOTE: This story has been updated with additional information and images.
