HOUSTON — A federal judge has ordered the release of one of three men detained by U.S. Immigration and Customs Enforcement (ICE) after witnessing the fatal shooting of Lorenzo Salgado Araujo earlier this month, ruling that his continued detention violates his constitutional right to due process.
U.S. District Judge Keith P. Ellison on Monday granted Jose Trinidad Rojas Pliego’s petition for a writ of habeas corpus and ordered ICE to release him within 48 hours. The judge also denied the federal government’s motion for summary judgment.
According to the court order, Rojas Pliego was a passenger in the vehicle ICE officers stopped on July 7, when an agent fatally shot driver Lorenzo Salgado Araujo. ICE detained Rojas Pliego after the shooting, and he has remained in custody without an individualized bond hearing.
Court records state that Rojas Pliego, a Mexican citizen, has lived in the United States for nearly 30 years after entering the country without inspection. He is in a common-law marriage with a U.S. citizen, is the father and stepfather of several U.S. citizen children, and has no criminal history.
The government argued that Rojas Pliego is subject to mandatory detention under federal immigration law. While Ellison acknowledged that a recent Fifth Circuit ruling supports that position, he ruled that applying the mandatory detention statute in this case violates the Constitution because of the likely length of Rojas Pliego’s immigration proceedings.
The judge noted that Rojas Pliego has applied for a U visa, a form of immigration relief available to certain crime victims who assist law enforcement. The Harris County District Attorney’s Office is sponsoring the application. Ellison also cited Rojas Pliego’s potential eligibility for cancellation of removal based on his long residence in the United States and family ties, writing that those factors could prolong his immigration case.
Ellison ruled that ICE must release Rojas Pliego at a public location within the Southern District of Texas, provide his attorney with at least three hours’ notice before the release, and return all of his personal property, including identification documents.
Under the order, if ICE seeks to detain Rojas Pliego again while his immigration case is pending, the agency must first provide notice and a hearing before an immigration judge. The government would be required to prove by clear and convincing evidence that he poses a flight risk or danger to the community.
The judge also ordered the government to file a status report by July 30 confirming that Rojas Pliego has been released.
Rojas Pliego is one of three men detained after witnessing the shooting. The other two, Victor Salgado Araujo, the victim’s brother, and Daniel Tirado, remain in custody at the Montgomery ICE Processing Center in Conroe. Supporters gathered outside the facility Sunday to call for their release.
