On Tuesday, the judge issued the ruling for Jose Trinidad Rojas Pliego, a passenger in Salgado Araujo's van at the time of the shooting on July 7, after his attorney filed a petition asking for his release, court documents revealed.
According to court documents, the order said Rojas Pliego cannot be deported or transferred to an ICE facility outside the Southern District of Texas, while the petition is pending, without the court's permission.
Rojas Pliego's attorney sent a statement that read in part:
"We are pleased with the Stay grant. The judge has made the right decision following the law, our clients are cooperating with the authorities and we trust that they will be released soon and reunited with their families after this traumatic ordeal."
Rojas Pliego has been in ICE custody since the fatal ICE shooting on Canal Street.
DHS claims Salgado Araujo was evading arrest and allegedly rammed his van into an ICE vehicle. No video evidence has been released showing the incident and DHS says the agents involved were not wearing body cameras.
Rojas Pliego is currently detained at the Montgomery ICE Processing Center in Conroe. According to the petition for his release, he is described as a Mexican citizen who has lived in the United States since 1998 and has no criminal record.
The filing also says he's in a common-law marriage with a U.S. citizen, and they share three children and four stepchildren together, all of whom are U.S. citizens as well.
The other passengers in the van have filed similar petitions asking to be released from ICE detention.
According to the petition for release for Daniel Tirado Pantoja, attorneys claim he came to the U.S. from Mexico in 1996 and has no criminal history.
There have not been rulings on the petitions for release for the other passengers in the van. Tuesday afternoon, Eyewitness News reached out to DHS for comment, but we haven't heard back.