Hernandez v. Slaughter

(Filed: July 31, 2026)

On July 30, 2026, Jesus Hernandez and another man were detained by plainclothes U.S. Customs and Border Patrol agents in Lewistown, Montana. Without a warrant or other basis for detaining either man, CBP arrested them both, leaving 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 for him on the evening of July 30. In the habeas petition, we argue that Jesus should be released, or in the alternative, be offered a bond hearing where he can argue that he is neither a danger or flight risk and should be released.

On Sunday, August 2, Upper Seven filed a class petition on behalf of Jesus and others like him asking that DHS be required to release individuals it has detained in Montana without providing legally required process.

Jesus’s hearing is scheduled for August 5. We will update this page to include filings as soon as they become publicly available.