Overview
- U.S. District Judge Stacey D. Neumann ordered Juliana Milena Zapata, also known as Juliana Milena Ojeda Montoya, released from ICE custody pending further proceedings.
- The order sets a Nov. 14 deadline for both sides to brief whether the Laken Riley Act mandates her detention.
- Video of the Nov. 6 traffic-stop arrest captured her husband clinging to her and their toddler during an apparent medical episode, a portrayal DHS disputes as feigned.
- Neumann found her detention without an opportunity to be heard violated due process and cited extraordinary circumstances, including breastfeeding needs and the husband’s recent acute episode.
- DHS says it targeted her over August allegations of stabbing a coworker; she has pleaded not guilty in state court, was previously released on immigration bond, and maintains a pending asylum claim with work authorization.