A federal judge ordered the immediate release of Hector Arnoldo Orellana-Lopez, the man detained by ICE outside Newton District Court on Sept. 10.

U.S. District Judge Melissa R. DuBose granted a writ of habeas corpus on Tuesday, Sept. 22, ruling that Orellana-Lopez is entitled to a bond hearing before an immigration judge, as first reported by the Newton Beacon. A habeas corpus petition asks a court to determine whether someone's detention is lawful.

Orellana-Lopez's attorney, Jacob Binnall, filed the petition in U.S. District Court for the District of Rhode Island on Sept. 15. Orellana-Lopez was being held at the Donald W. Wyatt Detention Facility in Central Falls, Rhode Island. 

Judge DuBose found that Orellana-Lopez was arrested under Section 236 of the Immigration and Nationality Act, which provides for discretionary detention. Under that statute, she ruled, he is entitled to a bond hearing. She ordered the government to release him the same day, return all his property and transfer him to the ICE Boston Field Office in Burlington.

The judge also ordered the government to file a status report within 48 hours of the bond hearing. The report must state whether Orellana-Lopez was granted bond and, if denied, the reason.

DHS has not confirmed his release. A Department of Homeland Security (DHS) spokesperson told the Newton Beacon that the agency follows all lawful court orders but did not say whether the Sept. 22 order had been carried out.

The Sept. 10 arrest outside Newton District Court prompted community response across Newton. Nearly 50 Newton North High School students staged a walkout protest on Sept. 11. The Newton Public Schools School Committee voted unanimously on Sept. 14 to approve the state's PROTECT Act, which bars ICE from making arrests without a warrant or court order at courthouses, public schools, childcare centers, healthcare facilities and state property.

DHS told the Newton Beacon that Orellana-Lopez entered the United States without legal documentation in August 2018. The agency said he was arrested by U.S. Customs and Border Protection agents, who issued an expedited removal order. He later failed to appear before U.S. Citizenship and Immigration Services despite prior notice, according to DHS.

Orellana-Lopez has no recorded serious criminal history, though DHS said a court found he operated a motor vehicle with a suspended license. He has one pending case for operating under the influence.

An acquaintance who was driving a vehicle was also briefly detained outside Newton City Hall on Sept. 10 before being released.

The bond hearing has not been scheduled. The government's 48-hour status report is due after that hearing takes place.