A federal judge on Monday ordered U.S. immigration authorities to release Jose Trinidad Rojas Pliego, a key witness in the fatal shooting of a Mexican homebuilder by a U.S. Immigration and Customs Enforcement officer in Houston, Texas.

Background of the Case

Rojas Pliego was one of three passengers in a van driven by Lorenzo Araujo Salgado when Araujo Salgado was shot by an ICE officer during a traffic stop. All three passengers were taken into ICE custody.

The Department of Homeland Security said shortly after the July 7 shooting that Araujo Salgado had “weaponized his vehicle in an attempt to run over an ICE law enforcement officer,” and that the officer had fired in self-defense. However, Rojas Pliego and another passenger wrote in statements submitted in court that the officers were to the sides of their van, never in front or behind it.

Araujo Salgado, a 52-year-old father of three, had been living in the U.S. for 35 years and was close to obtaining legal status, according to his family. He had no known criminal record.

Judge’s Ruling

U.S. District Judge Keith Ellison ordered the release of Rojas Pliego from ICE custody within 48 hours, after the judge previously blocked his deportation. Ellison agreed with Rojas Pliego’s argument that his detention violates his Fifth Amendment due process rights.

Rojas Pliego also had entered the U.S. decades ago and had not gained legal status, according to his stepdaughter, Griselda Silva. He has a pending application for a U-Visa, a special legal status for victims of certain crimes who have suffered physical or mental abuse and assisted law enforcement.

Original reporting: WPBF West Palm Beach — read the source article.