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Federal District Court Judge Dana L. Christensen ordered federal officials Wednesday to not move a Helena man arrested by ICE out of the state until a habeas petition hearing July 10.

According to the judge's order, Christopher Martinez, who was detained by Immigration and Customs Enforcement on July 1, will not be moved out of state until a hearing at the Russell Smith Federal Court in Missoula on July 10 at 1:30 p.m.

Respondents should file a return on an order to show cause why a petition for writ of habeas corpus should not be granted by July 7 at 5 p.m.

The court order added that the petitioner, Martinez, would have an opportunity to reply by July 9 at 5 p.m.

On Wednesday, one day after a Helena man's detainment July 1 by Immigration and Customs Enforcement, he still has not spoken to attorneys and his wife does not know his whereabouts.

Attorney Andres Haladay, who along with attorneys Molly E. Danahy and Rylee Sommers-Flanagan of Upper Seven Law is representing Martinez, criticized the arrest.

性视界传媒淐hristopher was arrested and detained by Helena police and federal authorities based on what appears to be racial profiling,性视界传媒� he said in an email to the Independent Record.

He said they have not been able to speak with Martinez as "Lewis and Clark County denied us access at the Detention Center.性视界传媒�

He said they hope to speak with Martinez now that he is in federal custody.

性视界传媒淲e are zealously challenging an apparent unconstitutional exercise of federal power in our hometown,性视界传媒� Haladay said. 性视界传媒淚n Montana, we stand by our neighbors.性视界传媒澛�

Martinez, 31, was detained by ICE after Helena police did a traffic stop for expired registration. Martinez, who has no felony convictions, according to his wife Maria Pacheco, entered the U.S. with his parents in 2008.

He lived with his wife in Helena until 2014 before he and his wife moved to Mexico. They returned later, court documents filed by Upper Seven Law attorneys state.

Pacheco is a U.S. citizen along with the couple's four children, while Martinez is a citizen of Mexico.

Court documents state Martinez was stopped July 1 by the Helena Police Department (HPD) while driving to pick up his daughter from her grandparents' home when an officer conducted a traffic stop and told him he matched a description of two other individuals the officer was looking for.

Upper Seven attorneys said in documents that an unmarked van approached Martinez and the officer before taking him out of HPD custody and into their own.

The attorneys believed the agents who detained him were ICE.

On Wednesday nearly 20 community members met with Lewis and Clark County Commissioner Andy Hunthausen to discuss their worries about the recent arrest.

Hunthausen clarified for the crowd what his role was as a county commissioner in regard to their concerns.

"Our main role is that overall policy and all comings and goings in terms of revenue or expense has to be approved by the County Commission," he said. "We are the budget people, we approve budgets ... those elected offices are run as they see fit and as the law describes."

The members of the public urged him to use his position and leverage his contacts for answers to their questions, which he agreed to do.

"The public sentiment for a lot of people here is that some county services are not protecting us the way that they have sworn to do," an attendee said.

Natalie Salazar, a community member, told Hunthausen that Martinez was not able to speak with attorneys from Upper Seven Law when he was detained in the Lewis and Clark County Detention Center.

Since then, he has been transported to an unknown facility for holding pending a habeas petition hearing in federal court.

"We're also talking to all of our other leaders as well. We need everybody on the ground for us to prevent this from happening and every little part is going to help with that," Salazar told Hunthausen. "Even if it's making a few phone calls from your perspective, everything makes a difference."

A person said that HPD and federal agencies including ICE, the U.S. Marshals Service and Homeland Security Investigations were looking for Anderson DeJesus Bastidas Linares. Linares was charged with felony assault with a weapon and felony partner or family member assault.

The investigation led to Martinez's arrest.

Helena Police Chief Brett Petty and Lt. Adam Shanks spoke to a group of people who gathered outside the Law and Justice Center on Tuesday afternoon.

Petty denied having members of the department embedded in ICE, despite claims by the public.

Upon reviewing Martinez's identity, HSI and USBP found he was subject to a federal detainer and was taken into custody, officials said.

Helena police acknowledged while federal agency involvement wasn't common for local warrant issues, their participation was due to specific investigative needs and "not any part of any nationwide U.S. Immigration and Customs Enforcement action."

"There were three or four police cars and one new model brown Suburban," Krista Guardino, a witness of the arrest, said. "So, there were cops that were clearly identified and then there were people in camouflage bullet-proof vests that had no monikers."

Pacheco said Tuesday that Martinez was a "loving father" who took care of his kids and she said as a stay-at-home mother of four, it wasn't fair he was taken and she never thought it would happen.

Martinez's wife was filing his citizenship paperwork for him after it was denied in 2018, although she did not need to file as an American citizen.

She said her and her husband briefly discussed the "what if" scenario of an ICE detainment and thought about moving back to Mexico, but they both struggled with the idea.

"My husband is scared. He doesn't want us to go back to Mexico because we have three daughters and in Mexico, a child that is a woman of a certain age will become a target," Pacheco said. "A big target, where they disappear."

She said her and her family have tried to work everything out the legal way, but it's hard and they did not have much income.

She added a question of if they get paperwork filed what would happen next. She felt it would make him an easier target and they would pick him up anyway.

During the meeting with Hunthausen Wednesday, Pacheco told him she has not slept since her husband's arrest.

"But my kids, one of them came crying to me and said, 'do you know if dad can come home tomorrow,?'" she said. She told Hunthausen she did not have an answer for them.