A 2-year-old girl and her father were shipped from Minnesota to Texas within hours of being arrested by U.S. Immigration and Customs Enforcement, despite a judge's order to release the child, court filings show.

Kelley filed an emergency petition asking for Tipan Echeverria and his daughter’s release around 5:37 p.m. Thursday, less than five hours after they were taken into ICE custody, the affidavit states. About 40 minutes later, she filed a motion asking a judge to stop the transfer of Tipan Echeverria outside Minnesota and to order the release of the child.

Over the next several hours, Kelley placed numerous calls to ICE counsel to bring their attention to the filings, but said she did not receive a response.

At 8:11 p.m. on Thursday, U.S. District Judge Kathy Menendez enjoined ICE from removing the father and child from Minnesota. She also issued an order to release the child to the family’s attorney no later than 9:30 p.m., citing “irreparable harm” of keeping her in custody, the affidavit states.

ICE informed the court after the fact that Tipan Echeverria and his daughter had been placed on a commercial flight to Texas at 8:30 p.m.

Bold to test a judge’s willingness to apply sanctions.