Hernandez v. Slaughter

(Filed: July 31, 2026)

On July 31, 2026, plainclothes U.S. Customs and Border Patrol (CBP) agents detained Jesus Hernandez and another man in Lewistown, Montana, without a warrant or any other basis to support the detentions. The agents left the car on the side of the road with the keys in it. Jesus has lived in Montana for ten years. He is a family man, dedicated to his three children under the age of ten and his partner of nearly fifteen years, who are all U.S. citizens. Jesus has never been convicted of any crime and has no previous interactions with immigration officials.

We filed a habeas petition late on July 31, seeking Jesus’s release or a bond hearing where he could show that he is neither a danger or flight risk. On August 7, the Court granted Jesus’s habeas petition, ordering his release.

On Sunday, August 2, Upper Seven filed a class habeas petition on behalf of Jesus and others like him asking that the Department of Homeland Security (DHS) be required to release individuals unlawfully detained in Montana. The Court has set a hearing on the class petition for September 4.

In the weeks since, DHS and its agencies have continued the same activities. On August 11, CBP detained a 9-year-old girl and her father in Billings, Montana, again without warrant or any demonstration that either are a danger or a flight risk.

We sought habeas relief for Adrián and his daughter on August 18. The government agreed that it had no different reason for holding Adrián and his daughter and the Court ordered their release on August 19.

“We are appalled to witness the federal government using its immense power not only to unlawfully take and detain adult Montanans, but to grab children from our streets,” said Upper Seven’s senior staff attorney Andres Haladay in an email. “There is nothing righteous in this utter failure of law enforcement. Nine-year-olds belong in school, not in border patrol stations for days on end without proper bedding.”

Until the federal government stops engaging in unlawful and unconstitutional tactics to detain people in Montana, we will seek justice.