A federal judge ordered ICE to release Jose Trinidad Rojas Pliego, a key witness in the fatal shooting of Houston homebuilder Lorenzo Araujo Salgado, citing Fifth Amendment due process violations.

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

U.S. District Judge Keith Ellison ordered the release of Jose Trinidad 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.

Hugo Balderas-Ibarra, an attorney for Rojas Pliego, did not immediately respond to a request for comment.