HELENA — A federal district court judge in Missoula ruled Tuesday that they do not have the jurisdiction to act on the detention of Christopher Martinez Marvan, who was arrested on July 1 in Helena by federal immigration officers. Tuesday's ruling also means federal authorities can transfer Martinez out of state.
Watch - body camera footage from the arrest:
Judge Dana Christensen denied the petition for the United States District Court for the District of Montana to assume jurisdiction over the detention of Martinez.
Martinez, 31, is a Mexican citizen who lived in Helena with his wife, a U.S. citizen, and their children.
In the petition, Martinez’s lawyers had also asked that he be released, alleging his detention violated the Fourth Amendment.
Martinez's lawyers talks about about his detention:
District Judge Dana Christensen ruled that his court did not have jurisdiction over the detention of Martinez, noting that the authority was with an Immigration Court or the U.S. Court of Appeals.
Christensen also lifted his temporary order to keep Martinez in Montana.
