A federal judge has ordered the U.S. Department of Homeland Security not to deport a witness in a fatal ICE shooting in Houston, after the witness’s attorney filed a petition seeking his release from immigration detention. The order restricts transfers of the witness outside the Southern District of Texas without court permission while the petition is pending.
What changed
U.S. District Judge Keith P. Ellison issued the directive on Monday after an attorney for Jose Trinidad Rojas Pliego, a passenger in Lorenzo Salgado Araujo’s van during the July shooting, filed a habeas petition seeking his release from ICE detention. The court also prohibited transfer of Rojas Pliego to an ICE facility outside the Southern District of Texas without permission. DHS said ICE will comply with the order.
Rojas Pliego is a Mexican citizen who has lived in the U.S. since 1998 with no criminal record and is in a common-law marriage with a U.S. citizen, with whom he has three children and four stepchildren—all U.S. citizens. He has been in ICE custody since the July 7 shooting and is detained at the Montgomery ICE Processing Center in Conroe, north of Houston.
Two other passengers in the van—Daniel Tirado Pantoja and Salgado Araujo’s brother Victor Hugo Salgado Araujo—have also filed similar habeas petitions seeking release from ICE detention.
Why it matters
This ruling establishes that a federal court can enjoin ICE deportations and restrict the agency’s transfer authority over witnesses in pending legal proceedings. If you represent a noncitizen in ICE custody with testimony relevant to a federal investigation—whether a witness to excessive force, a shooting, or other law enforcement action—a habeas petition combined with evidence of family ties and community roots may persuade a court to block deportation and require ICE to keep the person within the jurisdiction.
The court’s decision does not address the underlying immigration status or grounds for removal. Rather, it creates a temporary freeze on removal while the habeas petition proceeds. This is a tactical opening for attorneys to argue that deportation would prevent the client from serving as a witness and harm the factual record of a federal investigation.
Way forward
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If your client is a noncitizen witness to a federal agency action (ICE shooting, excessive force, etc.) and is in ICE custody, consult immediately on filing a habeas corpus petition under 28 U.S.C. § 2241 in the federal district court for your jurisdiction.
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Document family ties, community roots, and employment history. Emphasize that the client poses no flight risk or danger to the community—the same burden you would meet in any bond hearing.
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Request that the court enjoin removal and restrict transfers outside the district. Cite the Rojas Pliego order as persuasive authority that courts have inherent power to prevent removal of witnesses in ongoing federal investigations.
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Coordinate with any federal agency investigating the underlying incident (Texas Rangers, FBI, DOJ). Their interest in preserving witness testimony may strengthen your arguments in court.
Disclaimer
Fola Form is a software company, not a law firm. This article is not legal advice. The interpretation of court orders, habeas petitions, and ICE detention authority is fact-specific and requires consultation with a licensed immigration attorney in your jurisdiction. Verify all details against the source court order and the primary source linked above. Immigration policy and court precedent change without notice; check the latest developments before relying on this article for client advice.