Houston ICE shooting: Second witness ordered to be released within the next 48 hours

HOUSTON - A federal judge has ordered the immediate release of Daniel Tirado Pantoja from custody after granting his petition for Writ of Habeas Corpus.

Witness ordered to be released

What we know:

United States District Judge Alfred H. Bennet granted Pantoja's habeas petition. Pantoja must be released from custody within 48 hours of the order's entry on Aug. 24.

Pantoja must be released in a public place within the Southern District of Texas. The court also instructed respondents to notify Pantoja's legal counsel about the exact time and location of his release at least three hours in advance.

Pantoja, a citizen of Mexico, was arrested and has since been held at the Montgomery Processing Center in Conroe, Texas.

Court documents report that Pantoja has no criminal history, is not a flight risk, and poses no danger to the community. While the government argued that he was subject to mandatory detention without bond, the court determined that continuing to detain him without an individualized assessment or opportunity to be heard violated his procedural due process.

Respondents are required to file a status report with the court within 72 hours of the order to provide an update on Pantoja's release.

The backstory:

On July 7, Lorenzo Salgado Araujo was shot and killed by an ICE officer on the morning in Houston’s East End. 

At the time of the shooting, his family says he was picking up three workers, which included Pantoja, on his way to a construction job.

A federal prosecutor has said that ICE officers that morning were targeting two Guatemalan men who were potentially subject to deportation and driving a van similar to Salgado Araujo’s vehicle.

ICE officers claim they were trying to conduct a stop on Salgado Araujo’s work van when he rammed their vehicle, refused to follow verbal commands and tried to run over an officer. The agency says the ICE officer shot Salgado Araujo in self-defense.

The Associated Press reports that the passengers, according to their attorneys, have disputed DHS’s account of the shooting.

What they're saying:

Cesar Espinosa with FIEL Houston gave this statement:

"Justice takes time, but justice comes. We welcome the fact that Daniel was released but caution the community and the people involved that this is not final. We must now do everything in our power to make sure that we keep a vigilant eye on this case so Mr. is not re-apprehended. We want to make sure that these key witnesses are protected so that at the end of the day we can get the answers the community deserves."

Ross Miller, managing shareholder at Gonzalez Olivieri, LLC and one of the attorneys representing Pantoja, told FOX 26 the ruling comes after Pantoja spent 49 days in immigration detention.

"We were very pleased to get the judge's decision this morning, ordering his release within the next 48 hours," Miller said.

Miller said the ruling will not only allow Pantoja to reunite with his family, but could also make it easier for him to cooperate with the ongoing investigations into what happened on July 7.

"It means that he's going to be reunited with his family after 49 days, traumatic days in detention," Miller said. "But it also means he's going to be able to have easier access to counsel, easier access to the folks who are trying to investigate exactly what happened on that July 7th day."

The Bigger Fight:

The federal government argued Pantoja was subject to mandatory detention because he entered the United States without inspection.

Miller told FOX 26 that before the government's more recent interpretation of federal immigration law, someone in Pantoja's situation could ask an immigration judge for a bond hearing.

"Those bond hearings, they're not even an option anymore," Miller said. "You always have to file, rather, a federal lawsuit with a federal judge."

Miller said federal courts around the country are divided over challenges like Pantoja's, with some judges ordering people released and others finding they must remain detained while their immigration proceedings continue.

"Until the Supreme Court steps in and makes a decision nationally, we're going to see this division and we're going to have a lot of uncertainty," Miller said.

The Other Witnesses:

Pantoja was one of three surviving passengers inside the van on July 7.

Jose Rojas Pliego was released from immigration custody on July 29 after a federal judge granted his habeas petition.

Lorenzo Salgado Araujo's brother, Victor Salgado, remains in ICE custody while his own habeas petition is pending.

Pantoja has now been ordered released within 48 hours.

The judge's order also places limits on whether Pantoja can be detained again while his immigration proceedings continue. Before he can be re-detained, the government must receive authorization from an immigration judge after a hearing and show by clear and convincing evidence that Pantoja is a flight risk or danger to the community.

The court also ordered the government to return any identification documents taken from Pantoja when he is released.

What's next:

Pantoja's release does not end his immigration case.

Miller told FOX 26 Pantoja is applying for a U-visa, which can provide immigration protections to certain victims of crimes who assist law enforcement.

According to Miller, the Harris County District Attorney's Office has signed Pantoja's U-visa certification, and that certification has been filed with immigration authorities.

Miller said the U-visa process itself can take years.

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