Federal judge orders release of woman detained by ICE in Fitchburg

A federal judge in Maine ordered officials to release a woman arrested by ICE in Fitchburg last week from custody, finding that there were “extraordinary circumstances” to support the woman’s release.
U.S. District Judge Stacy Neumann issued the order Monday afternoon in the case of Juliana Milena Ojeda Montoya — who has been listed in other official documents as Juliana Milena Zapata and Juliana Milena Ojeda-Montoya — just days after lawyers for the woman filed a petition seeking her release from custody. Ojeda Montoya was being held at a detention center in Maine after her detention last week.
“Her current detention without an opportunity to be heard violates her rights to due process,” Neumann wrote.
ICE agents surrounded a car driven by the woman’s husband as he drove her to her job at a Burger King on Thursday morning. The couple’s one-and-a-half-year-old daughter was in the backseat at the time.
The Department of Homeland Security has said it moved to detain Ojeda Montoya because she was arrested in August, after an incident where, the department said, she “stabbed her coworker twice with a pair of scissors and then threw a trash barrel at her.” Court records show Ojeda Montoya faces two felony counts of assault and battery with a dangerous weapon.
But Neumann points out in her order that a state court judge already determined Ojeda Montoya could be released.
“Prior to appearing in criminal court, Ms. Ojeda Montoya reported to the Leominster police department voluntarily and admitted to the alleged conduct, which is another indication that she is not a flight risk,” Neumann added in a footnote.
Detention can’t be used as a punishment, but only to prevent someone from fleeing and to mitigate danger to the community, the judge wrote.
In finding there were “extraordinary circumstances” for the 24-year-old’s release, Neumann noted that she has a young daughter at home whom she needs to breastfeed and a husband who appeared to have a seizure while his wife was being detained.
“Those factors alone weigh in favor of a finding of extraordinary circumstances,” she wrote.
Witnesses of Ojeda Montoya’s arrest on Thursday recounted a chaotic scene involving an ICE agent climbing into a car and grabbing a man by the neck.
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