By admin 
A federal judge sharply ordered the release of Sacramento immigration protester Joshua Masias on Friday because the government failed to file a complaint within 48 hours of his Wednesday arrest at the John E. Moss Federal Building.
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Masias was taken into custody around 12:30 p.m. Wednesday and subsequently hospitalized after being pepper-sprayed by an immigration officer near the 7th Street entrance to the Moss building parking lot.
“I read about it in The Bee,” U.S. Magistrate Judge Allison Claire told Assistant U.S. Attorney Dhruv M. Sharma during the hearing at the Robert T. Matsui United States Courthouse.
At a separate table sat Masias, wearing an orange jail jumpsuit, and his attorney, Assistant Federal Defender Philip T. Issa. Masias, who was being held in the Sacramento County Main Jail, was released later in the day.
Masias will return to court Nov. 20 for a hearing with Magistrate Judge Jeremy D. Peterson, who will consider a motion filed earlier Friday by Sharma and U.S. Attorney Eric Grant to revoke a release order for Masias from April 30, one day after he was charged with assault of a federal officer in a separate incident.
The revocation filing noted that there was probable cause, between bodycam footage and an officer statement, that Masias committed two federal crimes: assault of a federal officer and obstructing the use of a federal property.
“I think the bodycam footage alone … is going to vindicate Mr. Masias,” Issa said.
Government gives its version of events
Grant and Sharma argued in their filing Friday for Masias’ continued detention and the revocation of the April 30 release order, because it requires him to remain 100 feet away from the Moss building and not violate any laws. Masias has faced an assortment of federal citations and charges this year related to his ICE protests.
“Masias’ brazen violation of the terms of his release order demonstrate that he is unlikely to abide by any further conditions and will pose a danger to the community,” Friday’s filing said.
The filing said that Masias had gathered with others at the 7th Street fence surrounding the property, near the access to its parking lot.
“As vehicles were attempting to leave the lot, Masias first struck a mirror on one of the vehicles, and then later placed himself in the path of one of the vehicles, directly obstructing its forward progress,” the filing said.
“The officer approached Masias and deployed pepper spray,” the filing continued. “Masias then ran toward the officer, lowered his body, and grabbed the officer in an apparent attempt to take him to the ground. While holding the officer, Masias struck the officer in the face.”
The filing noted that the officer scraped his knee and broke his finger.
Why Masias is being released
Masias appeared in court with his hair pulled back and a blemish visible near his right eye. He said little beyond acknowledging that he was in attendance.
Claire didn’t rule on the merits of the government’s revocation filing. Instead, she focused on Masias’ current custodial status.
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She explained that the government had 48 hours to charge with a complaint. Claire added that unless The Bee was very wrong about the time the incident occurred, “at this moment, there is no authority for Mr. Masias to remain in custody.”
A Bee photographer captured Wednesday’s incident it as it occurred and Bee journalists observed Masias being loaded into a Sacramento Fire Department ambulance at about 1:45 p.m.
Claire said she was ordering Masias’ release.
“You’re going home to enjoy the rainy weekend,” Claire told him.
She also ordered him to stay away from the Moss building, which has been a hotbed for protests of federal immigration enforcement.
“You will only make things worse for yourself,” Claire said. “Good luck.”
Friends offer support
Outside the courtroom immediately following the hearing, Masias’ supporters were upbeat.
“She was spicy,” said Alyssa Gatti, a UC Davis student, of the judge. “I love her.”
Gatti had spoken with Masias earlier in the day, and said he was in good spirits. Leanna Hunt, who had been at Wednesday’s protest, had gone with two other people to visit Masias at the jail on Thursday evening.
The revocation filing stated that the altercation occurred “within 100 feet of the perimeter fence to the Moss Building’s parking lot,” which would have been a violation of Masias’ April order to stay 100 feet away from the Moss building. Leanna Hunt disputed that Masias ran afoul of the order Wednesday.
Issa disputed other parts of the government’s account in a hallway interview shortly after Masias’ hearing ended.
“He was behaving in a peaceful, nonthreatening manner,” Issa said, adding that neither Masias nor another man who was pepper-sprayed at the time, Trevor Heim, provoked an incident.
Issa said he was confident that Masias would remain out of custody after next Friday’s hearing.
That was no matter for Hunt as she left the courthouse Friday. She and Gatti were each planning to be on hand when Masias walked out of jail. Hunt said she planned to take him “for some good food” and that his injuries needed to be documented.
But Hunt said she was feeling good overall.
“There’s recognition of when the government is doing something wrong and doing something illegal and violating someone’s rights,” Hunt said. “And now we have a judge who agrees with that.”
Masias wasn’t immediately available for comment following his release.
This story was originally published November 13, 2026 at 5:02 PM with the headline “Judge orders release of Sacramento man arrested by ICE after being pepper-sprayed.”
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