Lawyers for an Oregon wildland firefighter arrested by federal agents while on the job last month are going to federal court to demand his immediate release, arguing that his detention was an abuse of power.

They plan to file a habeas petition Friday, alleging that the U.S. Border Patrol officers violated longstanding federal policy prohibiting immigration enforcement at disaster response sites. The government also violated the firefighter’s right to due process, they contend.

Rigoberto Hernandez Hernandez’s Aug. 27 arrest occurred as a red flag warning went into effect for increased fire risk in the area of the Bear Gulch fire on Washington’s Olympic Peninsula. It drew national condemnation and sparked 50 members of Congress to demand answers.

The 23-year-old Hernandez was

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