An artist who was snatched by ICE on the way to pick up his four-year-old daughter and held in custody for 63 days has had the case against him dismissed by a judge.

Guilherme “Gui” Lemes Cardoso E Silva’s wife told the Daily Beast that he was “ambushed” by agents in an unmarked car while driving—on a valid license—close to his home on San Juan Island, which is in Washington state near the Canadian border.

While the Brazilian was in custody, ICE agents went though his phone and claimed to have found two illicit images. He was charged with possessing depictions of a minor engaging in sexually explicit conduct in the second degree and sexual exploitation of a minor.

Those charges were dismissed without prejudice on Oct. 6, four days before the birth of his child, Isidore.

Silva’s wife, R

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