Federal government asks judge to deny release of witness in deadly Houston ICE shooting
HOUSTON - The federal government is asking a judge to deny the release of one of the key witnesses to the deadly ICE shooting of Lorenzo Salgado Araujo as attorneys continue fighting over whether he can legally remain detained without a bond hearing.
Daniel Tirado Pantoja was one of four men inside a van when ICE agents approached them in Houston’s Magnolia Park neighborhood on July 7.
Lorenzo was shot and killed during the encounter. Daniel, Lorenzo’s brother, Victor Salgado, and Jose Trinidad Rojas Pliego were taken into immigration custody.
More than a month later, Daniel remains detained at the Montgomery Processing Center.
In a response filed Monday, Aug. 11, the federal government asked a judge to deny Daniel’s petition for a writ of habeas corpus and grant summary judgment in favor of the government.
The government argues Daniel is subject to mandatory detention under federal immigration law while his removal proceedings continue.
Why Daniel remains detained:
Daniel’s attorneys filed the habeas petition arguing his continued detention violates his Fifth Amendment right to due process.
Associate attorney Gabriela Rivero, who is representing Daniel in his federal habeas case, told FOX 26, the government’s position is that because Daniel entered the United States without inspection, he is subject to mandatory detention.
Rivero disputes that interpretation and argues Daniel should have the opportunity to continue his immigration proceedings outside of detention.
"They’re no longer eligible to ask for bond from a judge," Rivero said of the government’s interpretation. "But now we have to make these constitutional arguments saying that his due process has been violated."
The government argues recent Fifth Circuit precedent supports its position. In its filing, federal attorneys cite Buenrostro v. Bondi, arguing the decision established that people who entered the country without inspection can be considered applicants for admission, subject to mandatory detention.
The government also argues Daniel’s detention does not violate his substantive or procedural due process rights and that federal law does not require him to receive a bond hearing.
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Daniel and Jose:
Daniel’s situation has drawn additional attention because another man detained during the same July 7 encounter has already been released.
Jose Trinidad Rojas Pliego was released from ICE custody on July 29 after a federal judge granted his habeas petition.
Rivero’s firm also worked on Jose’s habeas case.
She said there is little factual difference between the circumstances surrounding the two men.
"They are very factually similar. It’s like practically the same situation," Rivero said. "But they just got different judges, and different judges have different opinions on how the law should be interpreted."
In Jose’s case, the judge agreed he was subject to the mandatory detention statute under the Fifth Circuit’s Buenrostro decision but nevertheless concluded that applying the statute to Jose violated his Fifth Amendment due process rights.
No such ruling has been made in Daniel’s case.
A witness to shooting:
Daniel is also one of three surviving witnesses who were inside the van when Lorenzo was killed.
Rivero said she believes Texas Rangers investigators have visited Daniel while he has been detained.
She said investigators with the Harris County District Attorney’s Office also spoke with Daniel and took his statement in connection with his application for a U-visa, which can provide immigration protections to qualifying victims or witnesses of certain crimes who assist law enforcement.
Daniel’s status as a witness has been part of the larger debate surrounding the continued detention of the men who were inside the van.
Members of Lorenzo’s family previously told members of Congress that Daniel, Jose and Victor are essential witnesses to the investigation and called for all three men to be released so they could cooperate with investigators without fear of deportation.
What's next:
Daniel’s attorneys have until Aug. 21 to respond to the government’s latest arguments.
Rivero said she hopes the federal judge could issue a decision by the end of August, but the timing is uncertain.
A related case is also pending before the Fifth Circuit Court of Appeals. Rivero said it is possible the judge handling Daniel’s case could wait for the appeals court to rule, potentially delaying a decision until late September or beyond.
"So hopefully next is release," Rivero said. "We’ll be pointing out all the reasons why we think the government is wrong by that date of August 21, hopefully sooner."
Daniel also has an immigration court hearing scheduled for Aug. 21. The government’s filing says he has been in DHS custody for 35 days.
For now, Daniel remains in ICE custody while his immigration proceedings and the separate federal challenge to his detention continue.
The Source: Aug. 11 federal court filing in Tirado Pantoja v. Noem et al., Interview with Gabriela Rivero, associate attorney at Gonzales-Olivier y LLC Federal court order in Jose Trinidad Rojas Pliego’s habeas case, Congressional forum on Lorenzo Salgado Araujo’s death