Federal judge orders release of Fitchburg woman detained by ICE in viral video

"Juliana Milena Ojeda Montoya, 24, filed her habeas corpus petition soon after Immigration and Customs Enforcement agents detained her in front of her daughter and husband, who appeared to suffer a seizure as he clung to his wife and their toddler. Video of the Ecuadorian national's Nov. 6 arrest quickly went viral, and Ojeda Montoya - who is also referred to in documents as Juliana Milena Zapata and Juliana Milena Ojeda-Montoya - was swiftly transported to Cumberland County Jail in Maine."

"In her order Monday, Judge Stacey D. Neumann agreed with Ojeda Montoya's claim "that her current detention without an opportunity to be heard violates her rights to due process." She ordered Ojeda Montoya released immediately and set a Nov. 14 deadline for both sides to file briefs on the applicability of the Laken Riley Act, which mandates the detention of unauthorized immigrants accused of theft and violent crimes."

"The Department of Homeland Security has said it targeted Ojeda Montoya because she was arrested in August for allegedly stabbing a coworker with scissors and throwing a trash can at her during a dispute over texts she believed the woman exchanged with her husband. State court records show Ojeda Montoya has pleaded not guilty to charges of assault and battery with a dangerous weapon and assault with a dangerous weapon. She was released on personal recognizance."

Juliana Milena Ojeda Montoya, 24, was detained by ICE during a traffic stop in front of her daughter and husband, who appeared to suffer a seizure. She filed a habeas corpus petition soon after the arrest. Video of the Nov. 6 arrest went viral, and she was transported to Cumberland County Jail in Maine. Judge Stacey D. Neumann ruled that her detention without an opportunity to be heard violated due process and ordered her immediate release. The judge set a Nov. 14 deadline for briefs on the Laken Riley Act. DHS cited an August arrest alleging a stabbing; state records show not guilty pleas and release on personal recognizance. The judge noted she has a young daughter at home.

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